Read Time: 06 minutes

Imposing bail conditions, the Allahabad High Court recently directed a person accused of theft, cow slaughter, and abetting cow slaughter to deposit Rs. 1 lakh and serve at a Gaushala for one month as a bail condition.

A bench of Justice Shekhar Kumar Yadav noted, "The applicant shall deposit Rs.1 lakh in favour of any one Registered Gaushala of District Bareilly within a month after release. Immediately after release from jail, the applicant shall himself available at Gaushalal and serve the cows for a period of one month."

The order has been passed in a bail application filed by an accused under Sections 379 (Theft) of the Indian Penal Code and Section 3 (Cow Slaughter) and 8 (abet cow slaughter) of the U.P. Prevention of Cow Slaughter Act, 1955.

Counsel appearing for the accused submitted that the accused is languishing in jail since August 3, 2021, and in the wake of the heavy pendency of cases in the Court, there is no likelihood of any early conclusion of the trial, therefore, the accused may be enlarged on bail.

In addition to this, the Counsel also gave an undertaking that in case the accused is released on bail, he will deposit Rs.1 lakh in a Registered Gaushala at Bareilly and also will serve at Gaushalal for a month.

In this regard, the bench after taking an overall view of the facts and circumstances, nature of evidence, period of detention already undergone, unlikelihood of early conclusion of the trial, and also the absence of any convincing material to indicate the possibility of tampering with the evidence, opined that the accused may be enlarged on bail.

The bench further asked the accused to file an undertaking to the effect that he will not seek any adjournment on the date fixed for evidence when the witnesses are present in the Court.

The bench asked the accused to be present before the Trial Court on each date fixed, either personally or through his counsel, and in default of which the Trial Court may proceed against him under Section 229-A IPC.

"In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC," the bench added.

The accused have also been asked to remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge, and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is 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 him in accordance with the law.

The bench further asked the trial court to make all possible efforts and try to conclude the trial within one year after the release of the accused.

Case Title: Saleem Alias Kaliya Vs. State of UP