The Lucknow Bench of the Allahabad High Court has allowed the anticipatory bail to Jugadi @ Nizamuddin booked under the UP Cow Slaughter Act.
A Single Bench of Justice Mohd Faiz Alam Khan passed this order while hearing a Criminal Misc anticipatory bail application filed by Jugadi Alias Nijamuddin.
The anticipatory bail application has been moved by the accused/applicant- Jugadi @ Nizamuddin in Case under Section 3/5/8 of Prevention of Cow Slaughter Act, Police Station Reusa, District Sitapur, with the prayer to enlarge him on anticipatory bail as he is apprehending arrest in the above-mentioned case.
Counsel for the accused-applicant while pressing the bail application submitted that it is a case of false implication. The FIR of the case has been lodged by the Village Chaukidar at Police Station Reusa, District Sitapur against four named accused persons including the applicant alleging therein that on 16.8.2022 at 7.30 in the evening he got information that prohibited animal has been slaughtered in the sugarcane field of one Jamil and when he arrived at the spot he found a cord and semi digested gobar (cow dung) of the calf.
It is also stated in the First Information Report that some villagers have seen the named accused persons carrying a calf towards the sugarcane field of Jamil.
It is vehemently submitted that interestingly no prohibited animal or any meat of progeny of cow has been recovered and the Investigating Officer has only collected the cow dung found on the spot and has sent the same for Forensic investigation and during the course of investigation a report has also been submitted by the Forensic Lab, Mahanagar, Lucknow that cow dung could not be examined by the Forensic Lab.
Highlighting the above fact, it is vehemently submitted that it is a case where neither any prohibited animals or its flesh was recovered. The applicant was granted interim protection, vide order dated 27.1.2023 and has not misused the liberty granted to him and he undertakes that he will remain present before the trial court as and when his presence would be required and he will not seek adjournments especially when prosecution witnesses would be in attendance. Charge sheet has already been filed without arresting him and the applicant is also not having any criminal history, thus protection from arrest be granted to him.
AGA on the other hand submitted that the applicant is accused of committing a heinous offence, therefore he is not entitled for any protection.
“Having heard counsel for the parties and having perused the record, it is evident that in the instant case neither any prohibited animal or his flesh has been recovered and simply on the basis of apprehension and suspicion the First Information Report appears to have been lodged and the charge sheet has also been filed. So much so the Investigating Officer has collected remains of cow dung from the spot and has sent the same to Forensic Lab for analysis which has been returned by the Forensic Lab by stating that Forensic Lab is not meant to analyze the cow dung. The applicant does not have any criminal history. His presence may be secured before the trial court by placing adequate conditions”, the Court observed.
The Court ordered that,
Thus, anticipatory bail application moved on behalf of the applicant- Jugadi @ Nizamuddin is allowed in terms that in the event of arrest of the applicant- Jugadi @ Nizamuddin within 20 days from today or on his surrender/ appearance before the trial court, where the case is pending, whichever is earlier, he shall be released forthwith on his executing a personal bond to the tune of Rs 50,000/- (Rupees Fifty Thousand) with two sureties in the like amount to the satisfaction of the trial court concerned/ SHO/ Investigating Officer/ Police Personnel of police station concerned, subject to the following conditions:
- The applicant shall not leave India during the pendency of trial without prior permission from the concerned trial Court.
- The applicant shall Cooperate in the investigation and will make himself available as and when required by the Investigating officer of the case, even for the recovery of any fact.
- The applicant shall not make any attempt to influence the prosecution witnesses and will also not commit any crime during his release on anticipatory bail.
- The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and when the witnesses are present in court. In case of default of any of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
- In case, the applicant misuses the liberty of bail, the trial Court concerned may take appropriate action in accordance with law.
- 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.