“Allahabad High Court has granted bail to an accused in a cow slaughter case on the condition that he will serve at a cow shelter for a month and directed him to deposit Rs. 1 Lakh in favour of any barely based registered Gaushala after his release from Jail”. In an unusual judgement delivered on June 2, 2022, the Allahabad High Court, presided by a single-judge,Justice Shekhar Kumar Yadav, granted bail to an accused of charged under Section 3/8 of the Cow Slaughter Act, 1955 on the condition that he serves at a cow shelter for a month. He was hearing a bail application filed by Saleem Alias Kaliya, accused of the said offence through his counsel Mr. Rakesh Pati Tiwariin the case of Saleem Alias Kaliya V/S State of UP.. The accused was further asked to deposit Rs 1 lakh in favour of a registered cow shelter.

Background

An FIR was lodged against Saleem Alias Kaliyaunder sections 379 (theft) of the Indian Penal Code and 3/8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 at Bhojipura police station in Bareilly district on August 5, 2021.

The counsel for applicant submittedthat “the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The recovery that has been shown is false and fabricated. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required.”Counsel had lastly also submitted that the applicant is languishing in jail for the past ten months, since August 3,2021. In the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial, therefore, the applicant may be enlarged on bail. The advocate general for the state however vehemently opposed the prayer for bail.

Section 3 of the UP Cow Slaughter Act, 1955

According to section 3, No person shall slaughter or cause to be slaughtered, or offer or cause to be offered forslaughter, a cow, bull or bullock in any place in Uttar Pradesh, anything contained in any otherlaw for the time being in force or any usage or custom, to the contrary notwithstanding.

Courts Order and Bail Conditions

After pursuing submissions made by the both parties, the court said that the absence of any convincing material to indicate the possibility of tampering with the evidence, the Court was of the view that the applicant may be enlarged on bail and released Saleem Alias Kaliya, who is allegedly involved in aforementioned crime. The accused was ordered to be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concernedsubject to following conditions:-

(i) The applicant shall deposit Rs.1 lakh in favour of any oneRegistered Gaushala of District Bareilly within a month afterrelease. Immediately after release from jail, the applicant shallhimself available at Gaushala and serve the cows for a periodof one month.

(ii) The applicant shall file an undertaking to the effect that he shallnot seek any adjournment on the date fixed for evidence when thewitnesses are present in Court. In case of default of this condition, itshall be open for the Trial Court to treat it as abuse of liberty of bailand pass orders in accordance with law.

(iii) The applicant shall remain present before the Trial Court oneach date fixed, either personally or through his counsel. In case ofhis absence, without sufficient cause, the Trial Court may proceedagainst him under Section 229-A IPC.

(iv) In case, the applicant misuses the liberty of bail during trial andin order to secure his presence proclamation under Section 82CrPC, may be issued and if applicant fails to appear before theCourt on the date fixed in such proclamation, then, the Trial Courtshall initiate proceedings against him, in accordance with law, underSection 174-A IPC.

(v) The applicant shall remain present, in person, before the TrialCourt on dates fixed for (1) opening of the case, (2) framing ofcharge and (3) recording of statement under Section 313CrPC. Ifin the opinion of the Trial Court absence of the applicant isdeliberate 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 him in accordance with law.

(vi) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.

The Court also observed that in case of breach of any of the above conditions, this breach shall be a ground for cancellation of bail.

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