Prayagraj. Allahabad High Court, while granting bail to a man accused of committing offences under the Uttar Pradesh Prevention of Cow Slaughter Act, 1955, directed him to deposit ₹1 lakh in favour of any one registered Gaushala (cow shelter) and to serve cows for one month.
Significantly, the Bench of Justice Shekhar Kumar Yadav, in its bail order written in Hindi, had further observed that Fundamental Rights are not only the prerogative of beef eaters, rather, those who worship the cow and are financially dependent on cows, also have the Fundamental Right to lead a meaningful life.
High Court granted bail to a man booked under the Uttar Pradesh Prevention Of Cow Slaughter Act, 1955 on the condition that he shall serve the cows for a period of one month in Gaushala after his release from the jail.
The bench of Justice Shekhar Yadav issued this order while granting bail to Saleem Alias Kaliya, who was booked under Sections 3/8 of the Cow Slaughter Act, 1955.
Before the Court, the accused argued that he was not named in the FIR and during the investigation, the complicity of the applicant had been shown in the present case on the basis of his confessional statement.
It was further argued that after his arrest, two cases had been slapped upon him, even though nothing had been recovered from his possession and there is no independent eye witness of the recovery.
His counsel contended that the recovery that has been shown is false and fabricated. He made several other submissions in order to demonstrate the falsity of the allegations made against him. It was lastly submitted that the accused is in jail since August 2021.
After perusing the records of the case in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of the case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of the trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, the Court concluded that the applicant may be enlarged on bail.
However, he was granted bail on the following two conditions –
The applicant shall deposit Rs.1 lakh in favor of anyone Registered Gaushala of District Bareilly within a month after release. Immediately after release from jail, the applicant shall himself available at Gaushala and serve the cows for a period of one month.
It may be noted that in September 2021, the Bench of Justice Shekhar Kumar Yadav had observed that the Cow should be given the status of National Animal in light of the fact that “Cow is part and parcel of the culture of India” and that eating/consuming Cow-beef can’t be considered to be a fundamental right of any person.
In the order passed by Justice Yadav, it was also observed that scientists believed that the cow is the only animal that inhales and exhales oxygen.
Panchgavya, which is made of cow milk, curd, ghee, urine and cow dung, helps in treatment of several incurable diseases”, the judge had said in the order. He had also observed that it is a tradition in India to use ghee made of cow milk during the yagna because” this gives special energy to sunrays, which ultimately causes rains.
The Court had observed thus as it denied bail to one Javed who has been accused of slaughtering a cow after committing its theft, and booked under S. 379 IPC r/w S. 3, 5, 8 UP Prevention of Cow Slaughter Act, 1955.