A Lucknow bench of the Allahabad High Court has granted anticipatory bail to a Sitapur resident booked under the UP Cow Slaughter Act, calling the action against him a glaring example of misuse of penal law.
Justice Mohammed Faiz Alam Khan observed that neither the prohibited animal nor its flesh had been recovered from the possession of any accused person or from the spot and only a rope and some amount of cow dung had been collected by the investigating officer.
The applicant had approached the high court apprehending his arrest in the case.
The applicant and three others were booked under Section 3/5/8 of Prevention of Cow Slaughter Act, at Reusa police station of Sitapur district.
The FIR said that on August 16, 2022, at 7.30 p.m., a prohibited animal had been slaughtered in the sugarcane field of one Jamil and when the first informant arrived at the spot, he found a cord and semi-digested gobar (cow dung) of the calf.
It was also stated in the FIR that some villagers had seen the named accused persons carrying a calf towards the sugarcane field of Jamil.
“The IO did not recover any prohibited animal or any meat of progeny of cow, and only cow dung was found on the spot and when the same was sent for forensic investigation, a report had been returned by the forensic lab, Lucknow stating that Forensic Lab is not meant to analysis the cow dung,” the court said.
The bench observed that the FIR was purportedly registered simply on the basis of apprehension and suspicion and a charge sheet had also been filed without any arrest and despite the fact that except for cow dung and a rope, nothing was recovered from the spot.
The bench allowed the plea noting that the accused was not having any criminal history and that his presence may be secured before the trial court by placing adequate conditions.
The court also directed the state DGP to take necessary action to remind the investigating officers of their duty to ensure fair investigation in all criminal cases in general and in the cases pertaining to cow slaughter in particular.
(This article has been published via a syndicated feed)