The Allahabad High Court on Thursday granted conditional bail to Mohammad Kaif, accused in a case under the Cow Slaughter Act, registered at the Sarai Akil police station in Kaushambi.
Justice Suneet Kumar noted: “Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the court in support of the charge, the applicant is entitled to be released on bail in the case.”
The Court ordered: “Let the applicant, Mohd Kaif, involved in case 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 which are being imposed in the interest of justice.
“(i) 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. In case of default of this condition, it shall be open for the trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.
“(ii) The applicant 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.
“(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
“(iv) 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 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
“(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
“(vi) The computer generated copy of such order shall be self attested by the Counsel of the party concerned.
“(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
“The bail application has been filed with a prayer to enlarge the applicant on bail in case under section 3/5/8 U.P. Prevention of Cow Slaughter Act, 1955, Police Station Sarai Akil, District Kaushambi, during pendency of trial.
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“Counsel for the applicant submitted that from joint possession of the applicant and co-accused Mohammed Saddam, 25 kilogram alleged cow meat was recovered; applicant has falsely been implicated in the case; co-accused Mohammed Saddam has already been enlarged on bail by coordinate bench of the court order dated June 10, applicant is languishing in jail since April 20, and there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail.
“Additional government advocate opposed the prayer for bail but could not dispute the facts as argued by the counsel for the applicant.
“In view of the extraordinary situation prevailing in the state due to Covid-19, the directions of this court dated April 6, 2020 passed in PIL No. 564 of 2020 (In re vs. State of U.P.), shall also be complied”, the court said