Bilal and Another Vs State of U.P.

Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27302 of 2020

Applicant :- Bilal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Shekhar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard Sri Chandra Shekhar Mishra, learned counsel for the applicants and learned A.G.A for the State.

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The instant bail application has been filed on behalf of the applicants, Bilal and Javed , with a prayer to release them on bail in Case Crime No. 99 of 2020, under Section 3/5/8 U.P. Prevention of Cow Slaughter Act and Section 11 of Animal Cruelty Act, Police Station- Sahaswan, District- Budaun, during pendency of trial.

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Office has objected that free copy of bail rejection order and certified copy of FIR have not been annexed with the bail application.

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Counsel for the applicants has pointed out to the annexure 2 to the bail application wherein free copy of the bail rejection order is already on record. Certified copy of the FIR has been placed before court by the applicant. Certified copy of the FIR is taken on record.

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There is recovery of 80 kg of beef made from the house of applicant no. 2, Javed. There is confession of applicant no. 1 that they have butchered the animals. Counsel for the applicants has submitted that applicant no. 1 has criminal history of one more case under Section 3/8 of Cow Slaughter Act but the applicant no. 2 has no criminal history to his credit. They have been falsely implicated in this case. They are in jail since 26.06.2020.

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The offence is triable by Magistrate and maximum sentence is of 7 years. Act is being misused against innocent persons. Whenever any meat is recovered, it is normally shown as cow meat (beef) without getting it examined or analyzed by the Forensic Laboratory. In most of the cases, meat is not sent for analysis. Accused persons continue in jail for an offence that may not have been committed at all and which is triable by Magistrate Ist Class, having maximum sentence upto 7 years.

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Whenever cows are shown to be recovered, no proper recovery memo is prepared and one does not know where cows go after recovery. Goshalas do not accept the non-milching cows or old cows and they are left to wander on the roads. Similarly, owner of the cows after milking, leave the cows to roam on roads, to drink drainage/sewer water and eat garbage, polythene, etc. Moreover, cows and cattle on the road are menace to the traffic and number of deaths have been reported due to them. In the rural areas cattle owners who are unable to feed their live stock, abandon them. They cannot be transported outside the State for fear of locals and police. There are no pastures now. Thus, these animals wander here and there destroying the crops. Earlier, farmers were afraid of 'Neelgai' (Vanroj an antelope) now they have to save their crops from the stray cows. Whether cows are on roads or on fields their abandonment adversely affects the society in a big way. Some way out has to be found out to keep them either in the cow shelters or with the owners, if U.P. Prevention of Cow Slaughter Act is to be implemented in letter and spirit.

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Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, larger mandate of Article 21 of the constitution of India, let the applicant involved in the aforesaid case crime be released on bail on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicants shall cooperate in the trial sincerely without seeking any adjournment.

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The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

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The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code;

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In case, the applicants misuse the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall

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initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.

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The applicants 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against them in accordance with law.

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In case the applicants have been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicants shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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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.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 18.9.2020 Rohit

Bilal and Another v. State of U.P.

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Bilal and Another v. State of U.P.

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