Mohd Sameem v. The State NCT Of Delhi

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1043/2024 MOHD SAMEEM ..... Petitioner Through:

Mr.Himanshu Sharma, Mr.Omkar Sharma and Mr.Ghanshyam Sharma, Advocates.

versus THE STATE NCT OF DELHI ..... Respondent Through:

Mr.Ajay Vikram Singh, APP for State with ASI Anil Kumar, PS Dwarka North, Delhi.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 22.03.2024 CRL.M.A. 9146/2024 Exemption allowed, subject to just exceptions. Application stands disposed of.

BAIL APPLN. 1043/2024 1.

An application under Section 438 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on behalf of the petitioner/applicant for grant of anticipatory bail in FIR No. 649/2023 under Sections 429/153A/120B/34 IPC & Section 4/12 DACP Act registered at P.S. Dwarka North, Delhi.

2.

Issue notice. Learned APP for the State appears on advance notice and accepts notice.

3.

As per the case of the prosecution, investigation commenced on the complaint of one Rupesh Rana regarding illegal slaughtering of cows. He alleged that all the four accused, who were present at the time of BAIL APPLN. 1043/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2024 at 12:15:24

slaughtering fled from the spot, but tempo No. DL1LX2892 was seized in which the flesh of the slaughtered animals was found. Also two slaughtered heads of cows/cattle were found at the spot.

4.

Learned counsel for the petitioner submits that petitioner has joined the investigation and no recovery has to be made at his instance. 5.

On the other hand, application is opposed by learned APP for the State and he submits that during the course of interim protection granted by the learned trial court, petitioner who is owner of the tempo failed to cooperate in the investigation or reveal the identity of the co-accused. 6.

The case is at initial stages of investigation and all the accused involved in the process of illegal slaughtering are still absconding. The evidence regarding slaughtering is self-evident, since slaughtered heads of two cows were recovered from the spot.

Considering serious nature of offence and the facts and circumstances of the case, no grounds for grant of anticipatory bail are made out. Application is accordingly dismissed. Pending applications, if any, also stand disposed of.

ANOOP KUMAR MENDIRATTA, J MARCH 22, 2024/v BAIL APPLN. 1043/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2024 at 12:15:24