Tuesday, June 18, 2024

Allahabad High Court grants bail to man booked under Uttar Pradesh Prevention of Cow Slaughter Act

The Allahabad High Court has granted bail to a man booked under the Uttar Pradesh Prevention Of Cow Slaughter Act, 1955, after directing him to deposit Rs 10,000 in the account of Gau Seva Aayog within one month.

A Single Bench of Justice Shree Prakash Singh passed this order while hearing a Criminal Misc bail Application filed by Saleem.

The bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case under Section 3/5/8 of Prevention of Cow Slaughter Act, 1955, P.S- Jahangirganj, District – Ambedkarnagar.

It is contended by the counsel for the applicant that the applicant is innocent and he has been falsely implicated in the case.

He submitted that the applicant was not named in the FIR and he was not arrested on the spot.

He further submitted that his name came to light only on the confessional statement of co-accused persons. He added that police, being inimical, planted him in the instant case and there was no substantial evidence against the applicant so as to connect him with the matter.

It was also submitted that the applicant was neither involved in any anti-social activities, nor was a member of any gang. The applicant has been in jail since September 30, 2022. In case he is granted bail, he would not misuse the liberty and would cooperate in the trial proceedings.

The Counsel for the applicant said that the applicant was ready to deposit Rs 10,000 in the accounts of Gau Seva Aayog within a period of one month from the date of his release from jail.

Per contra, A.G.A opposed the prayer of bail but he could not dispute the fact that the applicant has been enlarged on bail and criminal history of the applicant has been explained aforesaid.

“Having heard the counsel for the parties and after perusal of record, I find that applicant has been enlarged on bail in the case mentioned in the gang chart and some other cases depicted against the applicant in which also he has been enlarged on bail, coupled with the fact that he is languishing in jail since 30.09.2022, thus without commenting on the merits of the case, I find it a fit case for bail. Further applicants are ready to deposit Rs 10,000/- in the accounts of Gau Seva Aayog”, the Court observed.

The Court ordered that,

Let the applicant- Saleem involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

(1) The applicant shall deposit Rs 10,000/- in account of Gau Seva Aayog within a period of one month from the date of his release from jail failing which, he shall surrender before the CJM concerned after expiry of the aforesaid period and after such surrender the CJM concerned shall send him to jail.

(2) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

(3) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

(4) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 CrPC; and

(5) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 CrPC is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.

The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.


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