The High Court granted bail to the applicant in a criminal case involving cow slaughter and animal cruelty. The court allowed release on personal bond and two sureties subject to depositing money with Gau Sewa Aayog and complying with strict attendance conditions.
Released on bail with personal bond, two sureties, and a deposit of Rs. 5000/- with Gau Sewa Aayog.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44818 of 2022
Applicant :- Ikrar Opposite Party :- State of U.P. Counsel for Applicant :- Chakravarti Sisodia Counsel for Opposite Party :- G.A.
Hon'ble Piyush Agrawal,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 324 of 2022, under Sections 5B of UP Prevention of Cow Slaughter Act, 1955 and 11 of Prevention of Animal Cruelty Act, Police Station- Sadabad, District - Hathras.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is further submitted that the applicant has been implicated by the Police by showing false recovery of Banka. Nothing has been recovered from the possession of the applicant. There is no independent witness to the said recovery. Prosecution evidence does not connect the applicant with the alleged offence. He further submits that the applicant has no previous criminal history.It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 11.8.2022 and the possibility of conclusion of trial in near future is very bleak.
On instructions, it has been further submitted by the learned counsel for the applicant that applicant is ready to deposit a requisite amount, as may be assessed by this Court with Gau Sewa Aayog.
Learned A.G.A. has, however, opposed the prayer for grant of bail.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant namely Ikrar be released on bail in the aforesaid Case Crime Number on his/her furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall file an undertaking to the effect that applicant 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/her counsel. In case of his absence, without sufficient cause, the trial court may proceed against applicant under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuse the liberty of bail during trial and in order to secure presence of the applicant, proclamation under Section 82 Cr.P.C. is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against the applicant, 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 the applicant in accordance with law.
(v) The applicant shall deposit Rs. 5000/- (five thousand) before Gau Sewa Aayog, 8th Floor, Indira Nagar, Lucknow within one month after release on bail.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 11.10.2022 Rahul Dwivedi/-
(Piyush Agrawal, J.)
Digitally signed by RAHUL DWIVEDI Date: 2022.10.11 16:45:15 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether to grant bail to the applicant in a case involving alleged cow slaughter and animal cruelty.
Whether to prescribe conditions for bail including bond and deposit with Gau Sewa Aayog.
Whether to impose additional undertakings regarding attendance and conduct during trial.
6 provisions across 4 enactments
Ikrar
Piyush Agrawal
Rahul Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Piyush Agrawal and Rahul Dwivedi
Parties & counsel
