The Allahabad High Court has allowed the bail application of Asgar accused of the UP Prevention of Cow Slaughter Act.
A Single Bench of Justice Karunesh Singh Pawar passed this order while hearing a Criminal Misc Bail Application filed by Asgar.
It is alleged in the prosecution case that while the complainant was on patrolling duty with a police team, he received information through an informer that some persons are involved in selling of cow beef.
Upon this information, the police raided and arrested four named accused persons, including the applicant and recovered 70kg of cow beef along with a knife and other articles.
Counsel for the applicant submitted that the applicant has been falsely implicated. There is no independent witness of the recovery. Charge sheet has already been filed. The matter is triable by the Magistrate. The applicant has no previous criminal history. The applicant has been in jail since1.5.2024.
It is submitted that the accused applicant may be put to some financial terms without prejudice to the rights and contentions in the trial as a condition precedent for grant of bail.
It is further submitted that there is no possibility of the applicant fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
A.G.A opposed the prayer for bail and submitted that a medical analysis report has been received in which the recovered meat has been reported to be of cow.
“Considering the facts and circumstances of the case, including the fact that the applicant has no criminal history and charge-sheet in the matter has already been filed, arguments advanced by learned counsel for the parties, for the period for which he is in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail”, the Court observed while allowing the bail application.
The Court ordered that,
Let the applicant Shabbir, involved in Case under Sections 3/5/8 of U.P Prevention of Cow Slaughter Act, P.S Kotwali Gainsari, district Balrampur 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 deposit a sum of Rs 25,000/- with Go-Sewa Ayog, U.P within a period of four weeks from the date of his release from jail on bail and submit a receipt thereof before the trial court. In case the applicant fails to deposit the aforesaid amount, this order shall be treated to be cancelled and the applicant shall be taken into custody.
(ii) The applicant will not tamper with the evidence during the trial.
(iii) The applicant will not pressurize/ intimidate the prosecution witness.
(iv) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(v) 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.
(vi) 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.
(vii) 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.