Deposit ₹1 lakh in Gaushala and serve cows for one month: Allahabad High Court imposes bail condition

While granting bail to a man accused of committing offences under the Uttar Pradesh Prevention of Cow Slaughter Act, 1955, the Allahabad High Court on Thursday directed him to deposit ₹1 lakh in favour of any one registered Gaushala (cow shelter) and to serve cows for one month. [Saleem Alias Kaliya v. State of UP].The accused, who had been languishing in jail since August 3, 2021, moved the High Court seeking bail after he was booked for offences under Section 379 (theft) Indian Penal Code and Sections 3 & 8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955.The bail condition imposed by Justice Shekhar Kumar Yadav stated,"The applicant shall deposit Rs.1 lakh in favour of any one Registered Gaushal of District Bareilly within a month after release. Immediately after release from jail, the applicant shall himself available at Gaushalal and seve the cows for a period of one month (sic).".Counsel for the accused contended that his client was not named in the first information report (FIR). During investigation, his complicity was assumed on the basis of his confessional statement. It was also submitted that after the arrest, two cases were slapped upon the accused, and that nothing was recovered from his possession. Further, there was no independent eye witness of the recovery, the advocate argued.The accused had also given an undertaking that if released on bail, he would deposit ₹1 lakh with a registered gaushala in Bareilly, where he would also serve for a month.After hearing the arguments, the Court stated in its order,"...taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail." (sic).Among the other bail conditions imposed was that the accused shall file an undertaking to the effect that he shall not seek any adjournment of the case before the trial court. In case of default of this condition, it will be open for the trial court to treat it as an abuse of liberty of bail and pass orders in accordance with law, the High Court directed.Advocate Rakesh Pati Tiwari appeared for the accused..[Read order]