The court granted bail to the applicant, Rashid, in a case involving cow slaughter and animal cruelty charges. The court found merit in the argument regarding lack of independent witnesses and pending analysis reports, and considered the jail overcrowding situation.
Applicant enlarged on bail on personal bond with two sureties.
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Court No. - 6
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17475 of 2021
Applicant :- Rashid Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Sri Irshad Ahmad, learned counsel for the applicant and learned A.G.A for the State through video conferencing mode.
A first information report was lodged against the applicant as Case Crime No.0028 of 2021 at Police Station- Munda Pandey District- Muradabad on 04.02.2021 under Sections 3/5/8 U.P. Prevention of Cow Slaughter Act, Section 11 Prevention of Cruelty to Animal Act, 1960 and Section 420 IPC.
The bail application of the applicant was rejected by learned Additional District and Sessions Judge, Court No. 4, Moradabad on 04.03.3021.
The applicant is in jail since 04.02.2021, pursuant to the said F.I.R.
Sri Irshad Ahmad, learned counsel for applicant contends that the applicant has been falsely implicated in the instant case. There is no independent witness to the alleged recovery. No analysis report of the recovered meat items has been submitted by the expert till date which would support the allegation made in the FIR. The applicant does not have criminal history apart from this case. Lastly it is contended by Sri Irshad Ahmad, learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record.
Learned A.G.A points out that applicant has criminal history of five cases, however, Sri Irshad Ahmad, learned counsel for the applicant rejoining the issue submits that the aforesaid case do not have any bearing on the instant case.
Courts have taken notice of the overcrowding of jail during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020 , Contagion of COVID 19 Virus in prisons before the Supreme Court of India ). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
I see merit in the submissions of the learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant Rashid be released on bail in Case Crime No.28 of 2021 at Police Station- Munda Pandey DistrictMuradabad under Sections 3/5/8 U.P. Prevention of Cow Slaughter Act, Section 11 Prevention of Cruelty to Animal Act, 1960 and Section 420 IPC on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant shall remain present before the trial court on each date fixed, either through his counsel or personally whenever directed by the learned trial court. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law.
(ii) 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.
(iii) In case, the applicant misuses the liberty of bail during trial, the trial in order to secure his presence may issue a proclamation under Section 82 Cr.P.C. In case 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 party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vi) 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.
Order Date :- 9.6.2021 Nadeem Ahmad
1 issue framed by the court
Whether bail should be granted considering the lack of a solid analysis report and allegations of false implication.
Colour shows how this judgement treated each authority
Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisonsReferred¶12
3 provisions across 2 enactments
Rashid
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ajay Bhanot
Parties & counsel
