Komal Kumar @ Mantu Vs State of U.P Thru. Prin. Secy. Home Secrt. Lko.

By means of the instant bail application, the applicant seeks bail in respect of Case Crime No. 0092 of 2024 under Sections 3/5(ka)/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals Act and Section 419, 420, 467, 468, 471 and 120 B I.P.C. relating to P.S. Tarabganj, District Gonda.

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The submission of the learned counsel for the applicant is that the applicant has been falsely implicated. As per the version contained in the FIR, it is alleged that some animals were being transported in a DCM truck which belonged to the applicant. It is alleged that the alleged incident is of the District Gonda whereas the applicant is a resident of District Baghpat.

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It is further stated that merely on the basis of apprehending of a truck which belonged to the applicant, he has been implicated in the present, apart from the fact that the applicant does not have any criminal history and he has been languishing in Jail since 17.03.2024.

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Learned A.G.A. has opposed the prayer for bail, however, could not dispute the aforesaid facts.

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Considering the rival submissions, the facts and circumstances of the case and the material available on record as well as considering the nature of allegations and accusation against the applicant, the severity of the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned AGA that the applicant is at the risk of fleeing justice or that he would tamper with evidence

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or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.

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Let the applicant Komal Kumar @ Mantu involved in Case Crime No. 0092 of 2024 under Sections 3/5(ka)/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals Act and Section 419, 420, 467, 468, 471 and 120 B I.P.C. relating to P.S. Tarabganj, District Gonda be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned.

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At the time of executing required sureties the following conditions shall be imposed in the interest of justice.

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(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.

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(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.

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(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.

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(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.

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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 :- 8.5.2024 Asheesh

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Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Komal Kumar @ Mantu v. State of U.P Thru. Prin. Secy. Home Secrt. Lko.

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Komal Kumar @ Mantu v. State of U.P Thru. Prin. Secy. Home Secrt. Lko.

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