Misuse Of Law, State’s Duty To Ensure Fair Investigation Not Done: Allahabad HC Grants Pre-Arrest Bail To Man Booked Under Cow Slaughter Act
The Allahabad High Court has granted anticipatory bail to a man booked under the Prevention of Cow Slaughter Act.
The Court noted that the case was a glaring example of misuse of penal law as neither the prohibited animal nor its flesh, was recovered from the possession of any accused person or from the spot and only a rope and some amount of cow dung has been collected by the Investigating Officer.
“…instant case is an glaring example of misuse of penal law as neither the prohibited animal nor its flesh, has been recovered from the possession of any accused person or from the spot and only a rope and some amount of cow dung has been collected by the Investigating Officer and there are statement of some witnesses who have claimed to have seen the accused persons going towards the sugarcane field of Jamil along with a calf. Keeping cows and calf as pet animals is a common practice in the villages irrespective of caste, creed and religion.”, Justice Mohd. Faiz Alam Khan observed.
The Court also observed that State’s duty to ensure fair investigation has not been done in the case.
In this case FIR was lodged by the Village Chaukidar against four accused persons including the applicant alleging therein that he got information that prohibited animal has been slaughtered in the sugarcane field and when he arrived at the spot he found a cord and semi digested gobar (cow dung) of the calf.
Advocate Narendra Gupta appeared for the applicant.
The Court observed that in this case neither any prohibited animal or his flesh has been recovered and that simply on the basis of apprehension and suspicion the FIR was lodged.
Thus, the Court granted anticipatory bail to the accused while imposing certain conditions inter alia to Cooperate in the investigation.
Before parting with the case, the Court directed a copy of the Order to be placed before the D.G.P. of Uttar Pradesh for taking necessary action in order to remind the investigating officers of their duty to ensure fair investigation in all the criminal cases in general and in the cases pertaining to cow slaughter in particular.
Cause Title- Jugadi Alias Nijamuddin v. State Of U.P.