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2013 DIGILAW 1699 (ALL)

Guljari and Another v. State of U. P.

2013-06-27

HET SINGH YADAV

body2013
Het Singh Yadav,J.;— Counter affidavit filed today on behalf of the State is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. and perused the record. 3. Learned counsel for the applicants argued that the applicant no. 1 is the owner and the applicant no. 2 is the driver of the truck which met with an accident on account of which eleven bulls were died and remaining nine were injured. The police have concocted the entire theme of this case and foisted a false case on the applicants alleging that the bulls were being transported for slaughtering just to make a show of its good work. There is no prima facie evidence showing complicity of the applicant in slaughtering the bulls/progeny of cow Therefore, the applicants who are in jail since 06.04.2013 deserves to be enlarged on bail. 4. Learned A.G.A. strongly repudiates the submission made as above and submitted that the bulls were being carried in the truck which met with an accident for the purposes of slaughtering and therefore, the bail application is liable to be rejected. 5. Considering the points pertaining to the nature of accusation, prima facie satisfaction regarding proposed evidence and severity of punishment raised as above by the learned counsel of both the sides and on perusal of record, the court is of the view that the applicants deserve to be enlarged on bail. 6. Let the applicants, Guljari and Ashok who are involved in case crime No. 404 of 2013, under section 3/5/8 of Cow Slaughter Act and section 11 Cruelty of Animals Act and sections 279, 429 IPC, Police Station-Kotwali, District-Maharajganj be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions: (i) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them to disclose such facts to the Court or to any other authority. (ii) The applicants shall remain present before the court on the date fixed for hearing in the case and will co-operate in the trial. (ii) The applicants shall remain present before the court on the date fixed for hearing in the case and will co-operate in the trial. In case of unavoidable circumstances for remaining absent, they shall immediately give intimation to the court concerned through counsel and request be made to the trial court that they may be permitted to be present through counsel. (iii) They will not misuse the liberty of the bail and will not repeat any such instance in future. 7. Deviation of any of the above conditions shall entail cancellation of bail. The trial court shall decide the case expeditiously uninfluenced by the observations made hereinabove. _____________