E-Paper
Allahabad high court grants bail to man booked for possessing bulls, instruments used for slaughter
The Lucknow bench of the court also directed the Sitapur superintendent of police to file an affidavit explaining the circumstances under which the accused was booked under section 3/5/8 of the UP Prevention of Cow Slaughter Act, 1955 for merely making preparations for slaughter.
Stressing that merely preparing for slaughter would not attract offences under the law, the Allahabad High Court granted bail to a man, who along with some others, was booked for possessing two bulls and instruments used for slaughter.
The Lucknow bench of the court also directed the Sitapur superintendent of police to file an affidavit explaining the circumstances under which the accused was booked under section 3/5/8 of the UP Prevention of Cow Slaughter Act, 1955 for merely making preparations for slaughter.
It fixed June 16 as the next date of hearing in the matter.
Filing a bail application, accused Suraj pleaded that he and other accused were arrested on February 25 by Ataria police of Sitapur. He said that he was innocent because no offence was made out against him.
Opposing the plea, the government lawyer argued that the applicant along with others was apprehended with two bulls, a bundle of ropes, one hammer, two 'ghandasas', one nail and 12 empty packets of 5 kg each on February 25.
The lawyer said the police party overheard that the accused were going to slaughter the bulls and the offences were clearly made out.
After hearing the matter, the bench observed, "From perusal of the FIR, it does not come out that the applicant/accused made any attempt to slaughter or executed the slaughter. Thus, the culpability of the applicant under the 1955 act is clearly not attracted. Consequently, it is prima facie apparent that Section 3 and 8 of the act have wrongly been invoked against the applicant."
Thus, the bench allowed the accused's bail plea but clarified in its order, "It is provided that none of the observations made in the order shall be considered by the trial court and the trial shall proceed on its own merits."
"Considering the peculiar circumstances of the case, this court finds it in the interest of justice to direct the Superintendent of Police, Sitapur to file his personal affidavit specifically adverting to the averments made in the bail application as well as indicating how the cognizance of Sections 3 and 8 of the act have been invoked against the applicant," the bench added.
