Heard learned counsel for the applicants and learned Additional Government Advocate through video conferencing in terms of orders issued by Hon'ble Chief Justice taking into consideration COVID-19 situation.
Present bail application has been filed by the accused/applicants, who are involved in Case Crime No.41 of 2021, under Sections 3, 5 and 8 of the U.P. Prevention of Cow Slaughter Act, 1955, Police Station Sadarpur, District Sitapur. As per the version of the first information report, which was lodged against unknown persons on 17.02.2021, the complainant found three heads of cattle lying near the bridge. The police are said to have arrested the applicants along with others and as per entries made in the general diary dated 22.02.2021, a copy of which has been filed as Annexure-2 to the bail application, the persons including the applicants were caught and from their possession various implements were recovered. It is also contended that applicants admitted of having indulged in the act of slaughter which had resulted in the recovery of heads of the cattle.
Learned counsel for the applicant argues that firstly the first information report was lodged against unknown persons and secondly there was no recovery of any meat etc. having been made from the applicants and mere recovery of implements would not make out a case as per the first information report registered against unknown persons. It is also contended that the applicants are innocent and are in jail since 22.02.2021.
On the other hand, learned AGA has opposed the bail application but did not dispute the aforesaid position.
Having heard learned counsel for the parties and having perused the records what is prima facie apparent is that the first information report had been lodged against unknown persons. As per the general diary entry, the applicants were caught but admittedly from their possession no recovery of any meat has been made. Mere recovery of implements from their possession prima facie would not constitute a case of Cow Slaughter Act as per version for the first information report. Even otherwise, the applicants are in jail since 22.02.2021. Considering the aforesaid and the fact of the present COVID-19 situation prevailing in the State, the Court finds it to be a fit case for grant of bail. Accordingly, the bail application is allowed.
Let the applicants, Naseer Alam and Shaheed , involved in the aforesaid crime number be released on bail on their 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 applicants shall not tamper with the prosecution evidence.
(ii) The applicants shall not threaten or harass the prosecution witnesses.
(iii) The applicants shall file an undertaking to the effect that they 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.
(iv) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel.
(v) The applicants 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 CrPC (iv) argument / judgment.
(vi) If in the opinion of the trial court, absence of the applicants 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 them in accordance with law.
(vii) Since the certified copy of this order, in view of the COVID-2019 pandemic, may not be easily available to the applicants, the applicants may file computer generated copy of this order from the official website of this Court and self- attested by the learned counsel for the applicants, before the concerned Magistrate/Court/Authority/Official.
(viii) The concerned Magistrate/Court/Authority/ Official, before accepting such computerized copy, filed by the applicants, as genuine, shall verify its authenticity from the official website of this Court.
(ix) Office is also directed to send a computerized copy of this order to the District Judge concerned through e-mail or the fax, as the case may be, forthwith.
It is provided that none of the observations made above shall be considered by the trial court and the trial shall proceed on its own merits.
Order Date :- 19.5.2021 A. Katiyar