Allahabad High Court
Akram And Another vs State Of U.P. on 18 December, 2023
Author: Renu Agarwal
Bench: Renu Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:239748 Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51285 of 2023 Applicant :- Akram And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ram Lakhan Deobanshi Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.
Counter affidavit filed on behalf State is taken on record.
Heard Mr. Ram Lakhan Deobanshi, learned counsel for the applicants, learned A.G.A. and perused the record.
The present first bail application has been filed on behalf of the applicants in Case Crime No.0270 of 2023, under Sections 307 I.P.C. & 3/25 of Arms Act & 3/5-A/8 of the U.P. Prevention of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals Act, 1960, Police Station Thariyanv, District Fatehpur with the prayer to enlarge him on bail.
Learned counsel for the accused-applicants submitted that the applicants are innocent and have been falsely implicated in the instant case due to show good work by the police party. Applicants are not slaughtering the cow. Twenty eight alive cows were recovered from the vehicle bearing Truck No.RJ-11-GA/5723 which was driven by the applicants. It is further submitted that as per FIR, the allegations against the applicants are that the SHO concern on receiving the information through R.T. set during patrolling that one container loaded with Bulls is going to Prayagraj which is chasing by the SOG team thereafter police party started checking the vehicles. After some time police party saw the container/Truck No.No.RJ-11-GA/5723 coming from the side of Fatehpur, when the driver saw the police party then he turned the truck on the service lane. Police party gave signal to the driver to stop the truck but he ignored and opened fire upon the police party but no one injured. Thereafter they ran away towards forest but one of them was surrounded by the police team then he fired upon the police party. Thereafter police fired from their service pistols upon the accused-applicant no.1 in which hit the right leg of the applicant no.1. Thereafter another accused was apprehended by the police party. Both the accused persons were arrested along-with country made pistol along-with empty and live 315 bore cartridges. Rs.3000/-, two mobile phones from the arrested persons and 28 bulls from the container were recovered. It is further contended that as per injury report of the applicant no.1 that one gun shot wound of entry along-with Blackening (Tattooing) present over lateral aspect of right lower left which shows that fire shot from close range well within five feet. It is further contended that as per postmortem report of the animals that in the internal examination viscera in all carcasses were completely putrified. In diagnosis that cause of death of all animals was not identified due to purtrification of carcasses. It is further submitted that recovery of 28 bulls from the container and country made pistol from the possession of applicants is totally false and concocted. The said recovery was alleged to have been made in brought day light from a busy place after a False Police Encounter but even then there is no public witness of the incident of recovery and encounter, therefore, no offence is committed by the applicants. No police has sustained injury in the fire. Applicants have no criminal history except the present case. Case is covered under the Animals Act. Applicants are languishing in jail since 17.09.2023 and if they are granted the liberty of bail they will not misuse the same and they are ready to furnish his sufficient sureties, bonds and personal bonds.
On the other hand, learned AGA has opposed the prayer of bail but could not controvert the aforesaid arguments as advanced by learned counsel for the applicants.
Considering the fact and from the perusal of the record, it transpires that 28 alive cows were found in the vehicle in question which was registered in the name of applicant no.1. No shot weapon in the possession of the applicants. As per counter affidavit filed by the State that the statement of Constable Bhupesh Kumar Yadav shows that 28 alive animals were recovered and the animals were died on the same day. Three veternity doctors have been conducted the postmortem upon the animals but the statement recorded only Dr Mahendra Kumar. There is no criminal history against the applicant. Without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.
Accordingly, the present bail application is allowed.
Let applicants Akram and Mohd. Naved be released on bail in the above case crime number and on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-
(i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicants 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.
(iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicants are deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law.
(v) The applicants shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.
(vi) The applicants shall also give an undertaking to the effect that they will not change their address without prior intimation to the trial court concerned.
Order Date :- 18.12.2023 I.A.Siddiqui