Ayushi Panwar –
Allahabad high court granted bail to a man, who was arrested for possessing two bulls and instruments used for slaughter on February 25 by Ataria police of Sitapur.
The accused filed a bail application, pleading his innocence and claiming that no offence has been committed by him.
The adverse party on this bail plea alleged that the Ataria police eavesdrop that there was going to be an attempt to slaughter the bulls and further on the investigation, two bulls, a bundle of ropes, one hammer, two ghandasas, one nail and 12 empty packets of 5 kg each were confiscated from the accused and others.
On this the bench observed, “ From a 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.”
Considering this the court allowed the bail application of the accused, clarifying in its order that the trial court shall not be bound by any observations of this order and will proceed according to its merits.
The bench further questioned the act and asked the Sitapur superintendent of police to file a personal affidavit reflecting on how sections 3 and 8 of the act were invoked against the applicant.
The matter is listed for further hearing on 16 June.