Case Registered Under Cow Slaughter Act Based On Alleged Conversation Over-Heard By Police: Allahabad HC Grants Bail, Seeks SP's Explanation

The Bench of Justice Abdul Moin was hearing the bail application filed by the applicant in a case under Sections 3/5/8 of the U.P Prevention of Cow Slaughter Act, 1955.

Case in brief

As per the FIR, four persons including the applicant were arrested and from their possession two bulls, one bundle of rope, one hammer, one Ghadasa (small), one Ghadasa (big), one nail and twelve empty packets of 5 kg each were recovered.

It was contended that on the basis of information received from the police informer, the police party had carefully crept up to the aforesaid persons and had heard them talking with each other in the bushes that they had slaughtered three calves and have received a huge amount of money and that now they were having two bulls in their possession and planned to slaughter them too.

On the basis of the said conversation, which was allegedly heard by the police party, the aforesaid persons were arrested and from their possession, the aforesaid instruments which are used in cow slaughter were recovered.

Allegedly, the two bulls were taken possession of and sent to shelter On the basis of the same, the FIR had been lodged under the provisions of Sections 3 and 8 of the Act, 1955.

The Offences

Section 3 of the Act, 1955 is invoked where a person either slaughters or causes to be slaughtered or offers or causes to be offered for slaughter a cow, bull or bullock then he would be liable for the penalty as provided under Section 8 of the Act, 1955.

As per the definition given in Section 2 (d) of the Act, 1955, killing by any method including maiming and inflicting of physical injury which in the ordinary course will cause death is a sine qua non for invocation of Section 3 of the Act, 1955.

Likewise, Section 8 of the Act, 1955 provides the penalty against a person who contravenes or abets the contravention of the provisions of Section 3 or Section 5 of the Act, 1955.

Court's observations

Perusing the FIR, the court observed that neither the bulls which were found in possession of the applicant had been slaughtered nor were maimed or had any physical injury.

Importantly, the Court noted,

"It is simply on the basis of the alleged conversation which was overheard by the police party (which curiously was being carried out in the bushes by the applicant and others) that a case under the provisions of Section 3 and 8 of the Act, 1955 has been invoked against the applicant and others."

Further, the Court also noted that it does not come out under the FIR that the applicant had made any attempt to slaughter or had executed the slaughter.

Thus, the Court remarked:

"The culpability of the applicant under the Act,1955 is clearly not attracted. Consequently, it is prima facie apparent that Section 3 and 8 of the Act,1955 have wrongly been invoked against the applicant."

In this view of the matter, the Court found the applicant fit to be enlarged on bail. Accordingly, the bail application was allowed.

Lastly, the Court observed that 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 as to how the cognizance of Sections 3 and 8 of the Act, 1955 have been invoked against the applicant."

Case Title - Suraj v. State of U.P.

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