Allahabad High Court grants anticipatory bail to cow slaughter accused; says case based merely on recovery of cow dung from field

A man booked by the Uttar Pradesh Police for cow slaughter, was granted anticipatory bail by the Allahabad High Court on March 28 after noting that the case was based on mere recovery of cow dung. .Single-judge Justice Mohd. Faiz Alam Khan noted that no flesh or animal was recovered and it seemed that the first information report (FIR) was lodged based on mere suspicion after recovery of a rope and cow dung from a field."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," the Court noted.The case was a glaring example of misuse of penal law, the Court said. "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," the order said.Keeping cows and calf as pet animals is a common practice in villages irrespective of caste, creed and religion, the Court stated. It, therefore, granted anticipatory bail to the accused, Jugadi Alias Nijamuddin after noting he had no criminal antecedents.Pertinently, the Court 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 in general and in cases pertaining to cow slaughter in particular.Nijamuddin was booked under the Uttar Pradesh Prevention of Cow Slaughter Act.In first information report (FIR) lodged against four accused persons including Nijamuddin, it was alleged that a prohibited animal 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 FIR further stated that some villagers had seen the accused persons carrying a calf towards the sugarcane field of Jamil.The cow dung was sent to forensic lab for analysis but the report came backing stating the lab was not meant to analyse cow dung.The Court noted that no prohibited animal or its flesh was recovered. "So much so the Investigating Officer has collected remains of cow dung from the spot and has sent the same to forensic lab for analysis which has been returned by the forensic lab by stating that forensic lab is not meant to analysis the cow dung," the Court said..Taking into consideration the facts of the case, the Court granted anticipatory bail and noted that the case against the accused was an example of misuse of law and that the State did not conduct a fair probe in the matter."The applicant is not having any criminal history. His presence may be secured before the trial court by placing adequate condition," the Court ordered.The duty of State is to ensure fair investigation which has not been done in the instant case, the Court observed while granting anticipatory bail to the accused.."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 further said. Applicant was represented by advocate Narendra Gupta..[Read Order]