Mohd Rafiq v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49299 of 2023 Applicant :- Mohd Rafiq Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Chandra Kushwaha,Rakesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Ramesh Chandra Kushwaha, learned counsel for the applicant and Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the record.

¶3Applicant seeks bail in Case Crime No. 0180 of 2021, under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act and Section 11(1)(e) of Prevention of Animals to Cruelty Act, Police Station Asothar, District Fatehpur, during the pendency of trial.

¶4As per prosecution story, one vehicle Tata Truck No. UP77 AM 4015 was intercepted by police and 12 animals belonging to cow progeny were found stashed mercilessly in it.

¶5Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case owing to his ownership of the said truck. He has nothing to do with the said offence as alleged in the FIR. Learned counsel has further stated that no offence under the Cow Slaughter Act is made out against the applicant. The offence made out, if any, is under the Prevention of Animals to Cruelty Act.

¶6Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since

07.09.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶7Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that one of the animals had died in the said truck. However, learned AGA could not dispute the fact that the applicant has no criminal history.

¶8Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and considering the complicity of accused, severity of punishment, at this stage, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶9Let the applicant-Mohd Rafiq involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/ intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

¶10In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶11Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶12It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses. (Justice Krishan Pahal) Order Date :- 21.11.2023 Siddhant High Court of Judicature at Allahabad