1. Heard learned counsel for the applicants and learned AGA for the respondent State.
2. This is an application under Section 439 Cr.P.C. in case crime No.217 of 2021 under Sections 5Ka/8 U.P. Prevention of Cow Slaughter Act and Section 11(1)D of Prevention of Cruelty to Animals Act registered at police station Patti, District Pratapgarh.
3. The allegation in the FIR against the applicants is that from their possession 11 cattles were recovered, which were alleged to have been transported for butchering purpose.
3. Submission of learned counsel for the applicants is that the applicants are innocent persons and have been falsely implicated in this case. He further submitted that allegation levelled against the applicants is baseless as the applicants are owner of those cattles, which have been alleged to be transported for butchering. The applicants are in jail since 14.06.2021. He further submitted that in case the applicants are enlarged on bail, they will not misuse the liberty granted to them.
4. On the other hand, learned AGA opposed the bail but could not disputed the submission advanced by learned counsel for the applicants.
5. Considering the submissions advanced by learned counsel for parties, material available on record as well as totality of fact and circumstances, without expressing any opinion on the merits of the case, I am of the view that the applicants are entitled to be released on bail. Accordingly, the bail application is allowed.
6. Let applicants, namely, Satish Chandra Maurya @ Banti, Kedar Maurya @ Lalla and Phool Chand Maurya be released on bail in the aforesaid Case Crime on their furnishing personal bond and two reliable sureties, each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) Applicants will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(ii) Applicants 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.
(iii) Applicants 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.
7. 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.
8. It is, however, made clear that the observation made above shall not affect the trial of the case.
Order Date :- 18.8.2021 Adarsh K Singh