A bail application was filed in Allahabad High Court by an accused named Rahmuddin. He was accused under section 3(Prohibition of cow slaughter), 5(Prohibition on Sale of beef) & 8(Penalty) of the Prevention of Cow Slaughter Act 1955.
The bail application was filed by learned counsel Sri Onkar Singh, representing the accused. It was sought in the application that the accused be released on bail. The counsel stated that “There is no allegation against the applicant (accused) in the FIR and the applicant was not arrested from the spot and is in jail for more than one month.” The bench on this showed its concern and said “The Act is being misused against innocent persons. Whenever any meat is recovered, it is normally shown as cow meat (beef) without getting it examined or analyzed by the Forensic Laboratory. In most of the cases, meat is not sent for analysis. Accused persons continue in jail for an offence that may not have been committed at all and which is triable by Magistrate 1st Class, having maximum sentence up to 7 years.”
The court further said that “Whenever cows are shown to be recovered, no proper recovery memo is prepared and one does not know where cows go after recovery. Goshalas do not accept the non-milking cows or old cows and they are left to wander on the roads. Similarly, the owner of the cows after milking, leave the cows to roam on roads, to drink drainage/sewer water, and eat garbage, polythene, etc. Moreover, cows and cattle on the road are a menace to the traffic and a number of deaths have been reported due to them. In the rural areas cattle owners who are unable to feed their livestock, abandon them. They cannot be transported outside the State for fear of locals and police. There are no pastures now. Thus, these animals wander here and there destroying the crops.” Further, it remarked “Earlier, farmers were afraid of 'Neelgai' (Vanroj an antelope) now they have to save their crops from the stray cows. Whether cows are on roads or on fields their abandonment adversely affects society in a big way. Some way out has to be found out to keep them either in the cow shelters or with the owners if the U.P. Prevention of Cow Slaughter Act is to be implemented in letter and spirit.” The bench of Justice Siddharth J allowed the bail application subject to some conditions and said “Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. The State of U.P. and another, reported in (2018) 3 SCC 22, the larger mandate of Article 21 of the constitution of India, let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned.” [READ ORDER]