Prayagraj, May 24 The Allahabad High Court has granted bail to an accused booked under the Uttar Pradesh Prevention Of Cow Slaughter Act, 1955.
A single bench of Justice Saurabh Lavania passed this order while hearing a bail application filed by one Sonu Kasai.
The bail application had been filed on behalf of the applicant with the prayer for bail in case under Section 3/5/8 of Cow Slaughter Act, Police Station Sector-58 in Gautam Buddha Nagar district.
The submissions of the counsel for the applicant were that the applicant is an innocent person and has been falsely implicated in the case. The applicant has been in jail since March 22 and the possibility of conclusion of trial in near future is very bleak.
The counsel for the applicant submitted that the recovery from the possession of the applicant had been planted as there is no independent public witness so as to support the story of prosecution.
The FSL report is awaited till date, which is required to prove that the alleged recovered red meat is beef. On the basis of single arrest, the applicant has been implicated in five cases.
The criminal history of the applicant has been explained in the supplementary affidavit, which has not been disputed by the AGA. As such, the applicant is entitled to be released on bail.
It was also submitted that the applicants will never misuse the liberty of bail and shall fully cooperate with the prosecution.
The petitioner said that the co-accused Rashid and Suraj Prakash and Asim have already been released on bail by the court.
It was further stated that the applicant is animal lover including the cow and its progeny and he often donates money to cow shelters (gaushalas) and the applicant would donate Rs 25,000 to UP Gau Sewa Ayog within four weeks from the date of release from jail.
"Considering the rival submissions of the counsel for parties, material available on record, as well as totality of facts and circumstances and keeping in mind that there is no public independent witness and FSL report is still awaited as also that co-accused have already been released on bail and without expressing any opinion on the merits of the case, I am of the view that the applicants are entitled to be released on bail," the Court observed.
The court further said, "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. 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."
The court also asked the applicant to deposit a sum of Rs 25,000 in 'UP Gau Sewa Ayog, Lucknow' within four weeks from the date of his release from jail.
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