'Deposit Money In U.P. Gau Sewa Ayog's Account' : Allahabad High Court Puts Condition While Granting Bail To Person Accused Of Selling Beef

The Bench of Justice Dinesh Kumar Singh was hearing an application filed under Section 439 Cr.P.C. seeking bail in FIR No.286 of 2020, under Section 379 IPC and Section 3/5/8 of U.P. Prevention of Cow Slaughter Act.

The matter before the Court and arguments put forth

It was alleged that from the possession of the accused-applicant and his brother Amir, 400 Kg beef was recovered with body parts of the progeny of cow.

It was submitted by the Counsel for the accused-applicant that he and his brother are not in the business of selling meat and that there is no public witness of the recovery and that even the statement of the owner of Orchard where the recovery was made allegedly from the possession of the accused-applicant, has not been recorded.

On the other hand, the AGA opposed the prayer for bail and submitted that recovery of 400 Kg beef from the possession of the accused-applicant couldn't be said to be a false recovery.

He argued that the body parts of the progeny of cow were also recovered from the possession of the accused-applicant.

Court's order

The Court noted that accused-applicant is in jail since 1.9.2020 and admittedly he has no criminal antecedents except for this case.

The Court also observed that his brother who has been determined to be juvenile, has already been granted bail by the sessions court.

Considering the above facts and circumstances of the case, coupled with the contentions raised by the Counsels for both sides, and without entering into the merit of the case, the Court said,

"Applicant is entitled to be released on bail. Let applicant Aasif be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned"

Further, the Court directed that the accused-applicant shall have to deposit Rs.35,000/- in the account of U.P. Gau Sewa Ayog within a period of four weeks from the date of his release and shall have to submit the receipt of deposition of Rs.35,000/- with the trial court.

Lastly, the Court said that in case of failure to submit the receipt of deposit with the trial court, his bail shall be treated to have been cancelled automatically and he shall be taken into custody.

Notably, the Allahabad High Court recently expressed concern over frequent misuse of the provisions of Uttar Pradesh Prevention of Cow Slaughter Act, 1955, for implicating innocent persons.

While hearing the bail application of one Rahmuddin, accused of cow slaughter and sale of beef under Sections 3, 5 and 8 of the said Act, the Single Bench of Justice Siddharth observed,

"Act is being misused against innocent persons. Whenever any meat is recovered, it is normally shown as cow meat (beef) without getting it examined or analyzed by the Forensic Laboratory. In most of the cases, meat is not sent for analysis. Accused persons continue in jail for an offence that may not have been committed at all and which is triable by Magistrate Ist Class, having maximum sentence up to 7 years."

Case Title - Aasif v. State of U.P. [BAIL No. - 7811 of 2020]