The Allahabad High Court, Lucknow Bench while dealing with a bail application filed by the applicant who was booked under the Prevention of Cow Slaughter Act, 1955 has directed him to deposit a sum of Rs. 10,000/- in the account of Gau Seva Aayog within a period of one month from the date of his release from jail.

A Single Bench of Justice Shree Prakash Singh ordered –

"Having heard the learned counsel for the parties and after perusal of record, I find that applicant has been enlarged on bail in the case mentioned in the gang chart and some other cases depicted against the applicant in which also he has been enlarged on bail, coupled with the fact that he is languishing in jail since 30.09.2022, thus without commenting on the merits of the case, I find it a fit case for bail. Further applicant is ready to deposit Rs.10,000/- in the accounts of Gau Seva Aayog. Let the applicant- Saleem involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned… The applicant shall deposit Rs.10,000/- in account of Gau Seva Aayog within a period of one month from the date of his release from jail failing which, he shall surrender before the CJM concerned after expiry of the aforesaid period and after such surrender the CJM concerned shall send him to jail."

Advocate Prem Prakash Singh appeared on behalf of the applicant while Government Advocate represented the opposite party.

In this case, the applicant was booked under Section 3/5/8 of the Prevention of Cow Slaughter Act, 1955. It was contended by the counsel for the applicant that he is innocent and has been falsely implicated in the present case. It was further submitted that he is not named in FIR and was not arrested on the spot. It was next submitted that his name came into light only on the confessional statement of co-accused persons and that the police being inimical has planted him in the case and there is no substantial evidence against the applicant to connect him in the instant matter. It was further submitted that the applicant is not involved in any anti-social activities and is not a member of any gang and is in jail since September 30, 2022.

The applicant was ready to deposit Rs. 10,000/- in the accounts of Gau Seva Aayog. However, the counsel for the opposite party opposed the prayer of bail but could not dispute the fact that he has been enlarged on bail.

The High Court directed, "The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial… The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code"

The Court further stated that the identity, status, and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

Accordingly, the Court granted bail to the applicant.

Cause Title – Saleem v. State of U.P.

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Allahabad High CourtJustice Shree Prakash SinghCow SlaughterGrant of Bail

Swasti Chaturvedi