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Allahabad High Court · body

2015 DIGILAW 1641 (ALL)

Salman v. State of U. P.

2015-06-29

HARSH KUMAR

body2015
JUDGMENT Harsh Kumar, J. Heard learned counsel for the applicants, learned A.G.A. and perused the record. 2. Learned counsel for the applicants contended that the applicants have been falsely implicated in the case of cow slaughtering; that the recovery of five bulls alive and one dead from the truck, has been falsely planted on applicants, as the applicants have been mentioned to be sitting in the truck; that there is no independent witness of the alleged recovery; that the applicants are neither the owner, nor drivers of the truck in question nor were sitting in the truck at the time of alleged recovery; that the applicants are poor fellows and are doing labour work in brick kiln and in order to show good work, the police falsely implicated them; that the applicants have no criminal history; that the applicants undertake that they will not make misuse the liberty of bail; that the applicants are in custody since 31.5.2015. 3. Learned A.G.A. vehemently opposed the prayer of bail. Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. 4. Let the applicants Salman and Shaneef be released on bail in Case Crime No.176 of 2015, under Sections 3/5A/8 Cow Slaughter Act and 11 Animal Cruelty Act, P.S. Mujariya, District Budaun on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions: - (i) The applicants will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that they are abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C. (ii) The applicants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicants will not indulge in any unlawful activities. (iii) The applicants will not indulge in any unlawful activities. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.