Heard, learned counsel for the applicant, learned A.G.A for the State of U.P. through video conferencing in terms of the orders issued by Hon'ble Chief Justice taking into consideration COVID-19 situation and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.19 of 2021, under Sections 3, 5A, 5B and 8 of the U.P. Prevention of Cow Slaughter Act, 1955 (hereinafter referred to as the 1955 Act) and Section 11 of the Prevention of Cruelty to Animals Act, 1960 (hereinafter referred to as the 1960 Act), Police Station Inayat Nagar, District Ayodhya with the prayer to enlarge him on bail.
From a perusal of the F.I.R. it comes out that in a raid conducted by the police certain persons were found in the episode of smuggling of bulls and cows which resulted in lodging of the F.I.R.
Learned counsel for the applicant submits that the applicant has no role in the matter and he is an innocent person. He further submits that Section 3 of the 1955 Act would only be applicable with respect to "slaughter" and admittedly no slaughtering of animal has taken place. Further Section 5A of the 1955 Act pertains to transport of cow, bull or bullock except under a permit, while in this case, no transport had actually taken place. Section 5B of the 1955 Act would not be applicable as none of the animals were found injured and thus even the provisions of Sections 5A and 5B of the 1955 Act would also not be attracted. So far as Section 11 of the 1960 Act is concerned, it is contended that even if for the sake of argument the allegations made in the F.I.R. are treated to be correct even then the penalty prescribed in Section 11 of the 1960 Act ranges from Rs.10/- to Rs.50/-, consequently there would not be any occasion for the State to detain the applicant in jail for such a long time as it is contended that the applicant is in jail since 19.1.2021. In these circumstances, it is contended that the applicant is entitled for bail and in case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant but could not dispute the submissions advanced by the counsel for the applicant.
Having heard the learned counsel for the parties and having perused the record what is apparent is that even if the averments made in the F.I.R. are treated at the face value then admittedly no slaughtering of animals has taken place and thus primafacie there would not be any occasion for invocation of Sections 3, 5A and 5B of the 1955 Act. Further Section 11 of the Act 1960 prescribes for a penalty of Rs.10/- to Rs.50/- only.
Considering the aforesaid fact as well as the fact of the COVID situation prevailing in the State, the Court finds it a fit case for grant of bail to the applicant.
Let applicant Rajitram @ Munna Yadav be released on bail in the aforesaid case crime, 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:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
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 :- 20.5.2021 Rakesh