3 April 2023 1:35 PM GMT
The Allahabad High Court recently granted anticipatory bail to a man (named Jugadi @ Nizamuddin) booked under the UP Cow Slaughter Act as it noted that the case against the accused was a glaring example of misuse of penal law and that the state did not conduct a fair probe in the matter.The bench of Justice Mohd. Faiz Alam Khan observed that neither the prohibited animal nor its flesh had...
The Allahabad High Court recently granted anticipatory bail to a man (named Jugadi @ Nizamuddin) booked under the UP Cow Slaughter Act as it noted that the case against the accused was a glaring example of misuse of penal law and that the state did not conduct a fair probe in the matter.
The bench of Justice Mohd. 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.
"...there are statements 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. The duty of State is to ensure fair investigation which in the considered opinion of this Court has not been done in the instant case," the Court further observed.
With this, the Court granted bail to the accused and also, directed the Uttar Pradesh DGP to take necessary action in order 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.
The case in brief
The Court was dealing with the pre-arrest bail plea of Accused-Nizamuddin who has been booked under Section 3/5/8 of the Prevention of Cow Slaughter Act.
The FIR of the instant case had been lodged against four named accused persons including the applicant alleging therein that on August 16, 2022, at 7.30 in the evening, a prohibited animal had been slaughtered in the sugarcane field of one Jamil and when he 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 First Information Report that some villagers had seen the named accused persons carrying a calf towards the sugarcane field of Jamil.
Importantly, 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.
Taking note of the above, 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 despite the fact that except for cow dung and a rope, nothing was recovered from the spot.
In view of this, noting that the accused is not having any criminal history and that his presence may be secured before the trial court by placing adequate conditions, the bench allowed the plea.
Case title - Jugadi Alias Nijamuddin vs. State Of U.P. Thru. Secy. Home Civil Sect. Lko And Another [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 182 of 2023]
Case Citation: 2023 LiveLaw (AB) 115
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