The Allahabad High Court recently ruled that simply possessing or transporting a cow within the state would not amount an offense under the Uttar Pradesh Prevention of Cow Slaughter Act, 1955.
During the hearing of a bail plea, the court observed that the accused had been detained for nearly three months after six cows were recovered from a vehicle without any signs of physical harm.
The individual was charged under the UP Prevention of Cow Slaughter Act, 1956, and the Prevention of Cruelty to Animals Act, 1960. Granting bail to the accused, Justice Vikram D Chauhan stated,
“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 bench further noted that the State had failed to provide evidence of physical harm to any cow or its progeny that would endanger their lives.
“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 bench emphasized.
Additionally, the State did not present any material to prove that the accused had slaughtered or been involved in the slaughter of a cow, bull, or bullock anywhere in Uttar Pradesh.
As the State could not establish the accused’s criminal history or his lack of cooperation in the investigation, the court concluded that he should not be denied bail.
Furthermore, considering that the accused had been in jail since March of this year, the court granted him bail on specific conditions, including providing a personal bond and two sureties of the same amount.
