Allahabad High Court Grants Anticipatory Bail in Cow Slaughter Case, Orders Police to Ensure Fair Investigation
The Allahabad High Court granted anticipatory bail to a man who was booked under the Uttar Pradesh Prevention of Cow Slaughter Act. The Court noted that the case against him was based solely on the recovery of cow dung and rope and seemed to be lodged on suspicion. The Court also ordered the Director General of Police (DGP) to take necessary action to remind police officers of their duty to ensure fair investigation in all criminal cases, particularly those pertaining to cow slaughter.
On March 28, the Allahabad High Court granted anticipatory bail to Jugadi alias Nijamuddin, who was booked under Section 3/5/8 of the Uttar Pradesh Prevention of Cow Slaughter Act by the Uttar Pradesh Police. The Court noted that the case against him was based on mere recovery of cow dung and rope and seemed to be lodged on suspicion.
The single-judge bench, Justice Mohd. Faiz Alam Khan, observed that the charge sheet had been filed solely on the basis of apprehension and suspicion, without any recovery of flesh or animal. He further stated that the case was a glaring example of the misuse of penal law.
The Court granted anticipatory bail to Nijamuddin after noting that he had no criminal antecedents and that keeping cows and calf as pet animals was a common practice in villages regardless of caste, creed, and religion.
Advocate Ranjana Agnihotri and Advocate Saurabh Suman appeared for the applicant, while Additional Advocate General Jai Chandra Singh appeared for the state.
During the hearing, Advocate Agnihotri argued that the case against Nijamuddin was completely based on suspicion, and the State had not produced any evidence to prove his involvement in the alleged offence. She further contended that keeping cows and calves as pet animals was a common practice in villages and did not amount to an offence.
Additional Advocate General Singh, on the other hand, argued that the applicant was involved in the alleged offence, and the charge sheet was filed based on credible evidence. He also contended that the applicant was not entitled to anticipatory bail, and the Court should not grant relief in the matter.
After hearing both sides, the Court granted anticipatory bail to Nijamuddin, noting that the case against him was an example of the misuse of law, and the State did not conduct a fair probe in the matter. It ordered the applicant to be present before the trial court by placing adequate conditions.
The Court also ordered the Director General of Police to take necessary action to remind police officers of their duty to ensure fair investigation in all criminal cases, particularly those pertaining to cow slaughter.
The judgment highlights the need for fair investigation by police officers in cases pertaining to cow slaughter and sheds light on the misuse of penal law.
Case: Jugadi Alias Nijamuddin v State & Anr.
Counsel for Applicant: Shri Narendra Gupta
Counsel for Opposite Party: G.A.
Order Date: 28.03.2023
Read Order: Download PDF
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