The Allahabad High Court recently comprising of a bench of Justice Surendra Singh granted bail to a man accused of putting the remains of a dead cow progeny in a Shiva Temple. (Raheem v State of UP).
Facts of the case
The instant bail application was filed on behalf of the applicant, Raheem, with a prayer to release him on bail in case under Sections 153, 153A, 295, 295A, 120-B, 34 I.P.C. and Section 3/5/8 of U.P. Prevention of Cow Slaughter Act.
There was an allegation in the FIR lodged by informant, Ram Prakash, Sub-Inspector, against unknown person that on 16.07.2022, he was conducting routine checking of vehicles and when he reached at village- Rasulabad Tiraha, then some persons told that in the Shiv Temple situated near the tiraha, some unknown person had put the remains of a dead cow progeny to hurt the religious sentiments of the public.
The persons present there informed that the temple has been washed after removing the aforesaid remains of the animal.
Contention of the Parties
Learned counsel for the applicant submitted that the applicant is innocent and he has been falsely implicated in the present case.
Moreover, the applicant was neither named in the first information report nor arrested from the spot. On the information furnished by the informer, the police party of the concerned police station on 17.7.2022 arrested five accused persons including the applicant, Raheem, allegedly on their pointing out, equipment of slaughtering the cow as gandasa and wooden plank was recovered.
Moreover, Co- accused persons, namely, Aasif and Iliyaas have already been enlarged on bail by coordinate Benches of this Court. The applicant has been languishing in jail since 17.07.2022 and has no criminal history to his credit. In case the applicant is released on bail, he will not misuse the liberty.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre-trial stage, therefore, he does not deserve any indulgence. However, he has not denied the submissions made on behalf of the applicant.
Courts Observation and Judgment
The bench at the very outset observed, "Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties, the nature of allegations, the gravity of offence, larger mandate of Article 21 of the Constitution of India, as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned."
The bench allowing the bail plea imposed certain conditions such that the applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
Moreover, The applicant shall cooperate in the trial sincerely without seeking any adjournment and the applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
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