Mere possession, transportation of cattle within State not offence under UP Cow Slaughter Act: Allahabad High Court

The Allahabad High Court recently held that mere possession or transportation of a cow within the State would not amount to an offence under the Uttar Pradesh Prevention of Cow Slaughter Act, 1955. [Kundan Yadav v. State].The Court was hearing the bail plea of a man who was arrested and kept in jail for almost three months after six cows with no signs of physical injury were recovered from a vehicle. He was booked for offences under the UP Prevention of Cow Slaughter Act, 1956 and the Prevention of Cruelty to Animals Act, 1960.While granting bail to the accused, Justice Vikram D Chauhan observed,"Mere possession of live cow/bullock by itself cannot amount to committing, abetting, or attempting an offence under the Act No. 1 of 1956...Mere transportation of the cow from one place to another within the Uttar Pradesh would not come within the ambit of Section 5 of U.P. Act No.1 of 1956," the order stated..It was further observed that no evidence was put forth by the State to show that physical injury to any cow or its progeny was done so as to endanger its life."There is no witness to substantiate that the applicant has caused any physical injury to any cow or its progeny so as to endanger the life. No report of competent authority has been placed to show any physical injury was caused on the body of cow or bullock. There is no independent witness of the alleged recovery," the Court noted.Further, no material has been shown by the State to demonstrate that the applicant has slaughtered or caused the slaughter of a cow, bull or bullock in any place in Uttar Pradesh, the Court added..Since the State could not prove that the accused had criminal antecedents or that he has not cooperated in the investigation, he would not be disentitled to bail, the Court said. It was also pointed out that the accused has been in jail since March this year.Thus, the Court granted him bail on certain conditions, on him furnishing a personal bond and two sureties of the like amount..Advocate Vishwa Nath Pandey represented applicant..[Read Order]