IMTIYAZ AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) This batch of bail applications has been filed seeking release of the accused persons challaned mainly under the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 ('Act' in short).

(2.) Smt. Madhulika Yadav, learned Additional Government Advocate has strongly opposed the bail and contended that cow slaughtering leads to acrimony between various groups of society. It has also resulted into riot like situations which poses serious problem for law and order before the State. She further submitted that due to above reason, State had to apply U.P. Gangster Act against some of the applicants. She has placed the provisions of U.P. Prevention of Cow Slaughter Act, 1955, Prevention of Cruelty to Animals Act, 1960, U.P. Goshala Adhiniyam, 1964 and U.P. Go-Sewa Ayog Adhiniyam, 1999, apart from some judgments in support of her arguments.

(3.) On the other hand, counsels appearing for accused persons, namely, Messers Sumit K. Srivastava, Rajiva Dubey, Nadeem Murtaza, Abdul Samad, Dhirendra Pratap Singh, have emphasized that applicants have been falsely implicated. In fact, Act is being misused against innocent persons. Their submission is that 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 Ist Class, having maximum sentence upto 7 years.