The Allahabad High Court granted bail in an indirecly challenged case involving allegations of cow slaughter and cruelty to animals. The court was satisfied by the applicant's submission of false implication and delayed sample analysis.
Bail on personal bond and two sureties with conditions of attendance and prohibition on seeking adjournments.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16192 of 2022
Applicant :- Khalil Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A.
Hon'ble Chandra Kumar Rai,J.
Heard Sri Mukesh Joshi, learned counsel for applicant, learned A.G.A for the State and perused the record.
Applicant- Khalil seeks bail in Case Crime No.316/2021, under Sections 3/5/8 of the U.P. Prevention of Cow Slaughter Act, 1955 and Sections 3/11 of Prevention of Cruelty to Animals Act, 1960, P.S. Tanda, District Rampur.
It is submitted that the applicant has been falsely implicated in the present case. It is further submitted that in the FIR, it is alleged that buffalo beef is recovered, thus, the provisions of the Act in question will not attract against the applicant. The submission further is that the sample in question was sent to the F.S.L. after 5 months of the incident, so the authenticity of the sample could not be intact. It is further submitted that criminal history of one case has been explained in paragraph no. 4 of the supplementary affidavit. It is finally submitted that the applicant is in jail since 13.3.2022, undertakes not to misuse the liberty of bail, trial is not likely to be concluded in the near future, he be enlarged on bail.
Learned AGA has opposed the prayer for bail but could not demonstrate anything contrary to the above submission.
Considering the facts and circumstances of the case as also the contentions noted above, I am inclined to enlarge the applicant on bail.
Let the applicant involved in aforesaid case be released on bail on 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.
Order Date :- 20.5.2022 C.Prakash
Digitally signed by CHANDRA PRAKASH Date: 2022.05.20 16:55:46 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a case under the U.P. Prevention of Cow Slaughter Act and Prevention of Cruelty to Animals Act.
Khalil
Chandra Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
