LUCKNOW: A Lucknow bench of Allahabad high court granted anticipatory bail to a Sitapur resident booked beneath the UP Cow Slaughter Act, calling the motion in opposition to him a obtrusive instance of misuse of penal regulation.
Justice Mohammed Faiz Alam Khan noticed that neither the prohibited animal nor its flesh had been recovered from the possession of any accused individual or from the spot and solely a rope and a few quantity of cow dung had been collected by the investigating officer.
The applicant (Jugadi @ Nizamuddin) had approached the high court apprehending his arrest within the case.
The applicant and three others had been booked beneath Part 3/5/8 of Prevention of Cow Slaughter Act, at Reusa police station of Sitapur district. The FIR mentioned that on August 16, 2022, at 7.30 pm, a prohibited animal had been slaughtered within the sugarcane area of one Jamil and when the primary informant arrived on the spot, he discovered a twine and semi-digested gobar (cow dung) of the calf. It was additionally said within the FIR that some villagers had seen the named accused individuals carrying a calf in direction of the sugarcane area of Jamil.
“The IO didn’t get better any prohibited animal or any meat of progeny of cow, and solely cow dung was discovered on the spot and when the identical was despatched for forensic investigation, a report had been returned by the forensic lab, Lucknow stating that Forensic Lab will not be meant to evaluation the cow dung,” the court mentioned.
The bench noticed that the FIR was purportedly registered merely on the premise of apprehension and suspicion and a cost sheet had additionally been filed with none arrest and even if besides 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 prison historical past and that his presence could also be secured earlier than the trial court by inserting sufficient situations.
The court additionally directed the UP DGP to take crucial motion to remind the investigating officers of their responsibility to guarantee truthful investigation in all prison circumstances on the whole and within the circumstances pertaining to cow slaughter specifically.
Justice Mohammed Faiz Alam Khan noticed that neither the prohibited animal nor its flesh had been recovered from the possession of any accused individual or from the spot and solely a rope and a few quantity of cow dung had been collected by the investigating officer.
The applicant (Jugadi @ Nizamuddin) had approached the high court apprehending his arrest within the case.
The applicant and three others had been booked beneath Part 3/5/8 of Prevention of Cow Slaughter Act, at Reusa police station of Sitapur district. The FIR mentioned that on August 16, 2022, at 7.30 pm, a prohibited animal had been slaughtered within the sugarcane area of one Jamil and when the primary informant arrived on the spot, he discovered a twine and semi-digested gobar (cow dung) of the calf. It was additionally said within the FIR that some villagers had seen the named accused individuals carrying a calf in direction of the sugarcane area of Jamil.
“The IO didn’t get better any prohibited animal or any meat of progeny of cow, and solely cow dung was discovered on the spot and when the identical was despatched for forensic investigation, a report had been returned by the forensic lab, Lucknow stating that Forensic Lab will not be meant to evaluation the cow dung,” the court mentioned.
The bench noticed that the FIR was purportedly registered merely on the premise of apprehension and suspicion and a cost sheet had additionally been filed with none arrest and even if besides 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 prison historical past and that his presence could also be secured earlier than the trial court by inserting sufficient situations.
The court additionally directed the UP DGP to take crucial motion to remind the investigating officers of their responsibility to guarantee truthful investigation in all prison circumstances on the whole and within the circumstances pertaining to cow slaughter specifically.