'Misuse of Law': HC Grants Anticipatory Bail To UP Man Booked For Cow Slaughter

The judge noted that the case against the accused was based solely on suspicion and recovery of cow dung.

The Allahabad High Court, in a recent order, granted anticipatory bail to a man booked for cow slaughter, while pointing out that the case was solely based on recovery of cow dung and no flesh or animal had been recovered.

Judge rebukes police for lack of evidence: "In the instant case neither any prohibited animal nor his flesh has been recovered and simply on the basis of apprehension and suspicion the First Information Report appears to have been lodged and the charge sheet has also been filed," Justice Mohd. Faiz Alam Khan noted on 28 March.

"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," Justice Khan added.

The case: In first information report (FIR), it was alleged that a cow was slaughtered in the sugarcane field of one Jamil and when the the first informant arrived at the spot, he found a cord and semi-digested gobar (cow dung) of the calf.

The complaint added that some villagers had seen the accused carrying a calf towards the sugarcane field and the accused had then been booked under the Uttar Pradesh Prevention of Cow Slaughter Act.

Following this, the cow dung was sent to a forensic lab for analysis but the report said that the lab was not meant to analyse cow dung.

'Misuse of Law': Highlighting that the case was a classic example of misuse of penal law, the court granted anticipatory bail to Jugadi Alias Nijamuddin since he had no past criminal records.

Justice khan also ordered the Director General of Police (DGP) to take necessary action reminding police officers of their duty to ensure fair investigation in all criminal cases in general and in cases pertaining to cow slaughter in particular.

"Let a copy of this order be placed before the DGP 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," the order said. 

Although it is the duty of the state to ensure fair investigation, it had not fulfilled its responsibility in this case, the court observed.

(With inputs from Bar and Bench)