Allowed

Mosin v. State of U.P.

Allahabad HC30 May 2022BAIL/20931/2022

Case brief

AI extract

What is this about?

The Court allowed the bail application of Mosin, convicted under the Cow Slaughter Act. Despite prosecution evidence, the Court found the applicant incentivized to donate to cow shelters and decided to release him on bail subject to specific conditions including a deposit.

What did the court decide?

Applicant released on bail subject to personal bond, two sureties, and a conditional deposit of Rs. 10,000 in the U.P. Gosewa Ayog.

Mosin Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20931 of 2022

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Applicant :- Mosin Opposite Party :- State of U.P. Counsel for Applicant :- Sufia Saba,Sayeed Saif Ullah Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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On a query being put, learned AGA submitted that he has complete instructions in the matter, as such, this Court proceeded to hear the application for grant of bail on merits.

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The present bail application has been filed on behalf of the applicant with the prayer to enlarge him on bail in Case Crime No. 077 of 2022, under Sections- 3/5A/8 of Cow Slaughter Act, Police Station Fatehpur, District Saharanpur.

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The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case. The applicant is in jail since 22.03.2022 and the possibility of conclusion of trial in near future is very bleak.

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Learned counsel for the applicant submits that just to show the good work and seek laurels from higher authorities, the applicant has been implicated in this case along with coaccused Shobhan @ Punna. The implication of the co-accused and the present applicant is based on the confessional statement of the applicant. The confessional statement is inadmissible in evidence. Based upon this aspect of the case, the co-accused Shobhan @ Punna has already been released on bail by this Court vide order dated 11.05.2022 passed in Criminal Misc. Bail Application No. 19489 of 2022. In-fact, nothing was

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recovered from the possession of the applicant. However, the prosecution has shown the recovery of 30 kg beef from the possession of the applicant. The recovery is completely fake. There is no other evidence available with the prosecution to connect the applicant with the present crime. The sample alleged to have been taken in the F.I.R. is planted one. As such, the applicant is entitled to be released on bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate with the prosecution as also in trial.

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Based upon the instructions received from the applicant it is also stated that the applicant is an animal lover including the cow and its progeny and he often donates money to cow shelters (gaushalas) and he would donate Rs. 10,000/- to U.P. Gosewa Ayog within six weeks from the date of release from jail.

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Learned A.G.A., on the basis of instructions, opposed the prayer for grant of bail to the applicant. However, he could not dispute the aforesaid aspects of the case. He urged that the F.S.L. report dated 28.03.2022 support the story of the prosecution.

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Considering the rival submissions of learned counsel for parties, material available on record, as well as totality of facts and circumstances including that there is no public witness and without expressing any opinion on the merit of the case, I am of the view that the applicant is entitled to be released on bail.

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Let applicant - Mosin be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant(s) 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

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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;

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(ii) The applicant(s) 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;

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(iii) In case, the applicant(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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; and

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(vi) The applicant(s) 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 him in accordance with law.

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(vii) In addition to above, as per above statement, the applicant shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) in 'U.P. Gosewa Ayog, Lucknow' within four weeks from the date of his release from jail and, file receipt thereof in the trial Court; in case the accused-applicant fails to deposit the amount this order, granting him bail, shall be treated to have been cancelled and, he shall be taken into custody forthwith.

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Order Date :- 30.5.2022 Sanjeet

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Digitally signed by SANJEET KUMAR YADAV Date: 2022.05.31 17:09:51 IST Reason: Location: High Court of Judicature at Allahabad

Mosin v. State of U.P.

Case brief

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Mosin v. State of U.P.

Case brief

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