The Allahabad High Court said that the mere possession and transportation of cows within the state does not amount to an offence under the Uttar Pradesh Prevention of Cow Slaughter Act, 1955.
Making these observations, Justice Vikram D. Chauhan granted bail to Kundan Yadav of Kushinagar district, as no evidence of physical injury to any cow or its progeny was found which could endanger their lives.
The court was hearing bail applications of Yadav, who was arrested and kept in jail for almost three months after six cows, with no signs of physical injury, were recovered from a vehicle.
Consequently, he was jailed for the offences under UP Cow Slaughter Act and Prevention of Cruelty to Animals Act, 1960.
While allowing the bail application of Kundan Yadav, the court observed: “Mere possession of live cow/bullock by itself cannot amount to committing, abetting or attempting an offence under the Cow Slaughter Act. Further, mere transportation of cow from one place to another within Uttar Pradesh would not come within the ambit of the aforesaid Act. Hence, mere transport of cow within Uttar Pradesh would not amount to committing, abetting or attempting to commit an offence under the said Act”
“No material or circumstance has been shown by the counsel for the state to demonstrate any physical injury to any cow or its progeny so as to endanger the life thereof such as to mutilate its body or to transport it in any situation, whereby endangering the life thereof. No report of competent authority has been placed to show any physical injury was caused on the body of cow or bullock.”
A case was registered against the applicant Kundan Yadav under the Uttar Pradesh Prevention of Cow Slaughter Act and Prevention of Cruelty to Animals Act at a police station Patherdewa of Kushinagar, after six cows, were recovered from a vehicle.
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