The Allahabad High Court has asked DGP, Uttar Pradesh to remind police officers to conduct fair investigation especially in cases pertaining to cow slaughter. The bench of Justice Mohd. Faiz Alam Khan, in its order dated March 28, granted pre-arrest bail to a person accused in a cow slaughter case but noted that it was a case of misuse of law as the police had only recovered cow dung and a rope from the scene.
The accused, Jugadi @Nizamuddin was booked under section 3,5 and 8 of the Prevention of Cow Slaughter Act in Case Crime No. 310/2022, at Reusa Police Station, Sitapur district. The counsel for the applicant, Dharmendra Kumar Gupta, submitted that it was a case of false implication. There are three accused in the case. The Village Chiukidar of the Police station got the information that a prohibited animal had been slaughtered in the sugarcane field of one Jamil and when he arrived at the spot he found a cord and semi digested gobar (cow dung) of the calf. It was also submitted that the police did not recover any prohibited animal or any meat and had only found cow dung. The forensics lab told the police that the lab cannot examine cow dung.
The court was informed that he was earlier granted interim protection which he did not misuse and he also undertook that he will remain present before the trial court whenever required.
The court observed, “it is evident that in the instant case neither any prohibited animal or 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 also noted that only cow dung was recovered from the spot which the forensics lab refused to examine.
The court thus granted the applicant pre-arrest bail in terms that in the vent of his arrest within 20 days or on his surrender/ appearance before the trial court, where the case is pending, whichever is earlier, he shall be released forthwith on his executing a personal bond to the tune of Rs.50,000/- with two sureties in the like amount, while also imposing certain conditions.
While concluding the order, the court also made a serious observation:
“Before parting it is observed that instant case is an glaring example of misuse of penal law as 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 and there are statement 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 calves as pet animals is a common practice in the villages irrespective of caste, creed and religion. The duty of the State is to ensure fair investigation which in the considered opinion of this Court has not been done in the instant case.”
The court also directed that a copy of this order be sent to DGP, 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 may be read here:
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