Allahabad HC Grants Bail To A Person Accused Of Putting Remains Of Dead Cow Progeny In A Shiv Temple

The Allahabad High Court while dealing with a bail application filed on behalf of the applicant named Raheem who was accused of putting the remains of a dead cow progeny in a Shiv Temple situated near Rasulabad Tiraha Village released the accused on bail.

A Single Judge Bench of Justice Surendra Singh-I granted bail to the accused who was arrested and booked under Sections 153, 153A, 295, 295A, 120-B, 34 I.P.C. and Section 3/5/8 of the U.P. Prevention of Cow Slaughter Act, 1955 in the Police Station of Talgram, District- Kannauj.

The Bench in this context directed –

"Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties, the nature of allegations, the gravity of offence, larger mandate of Article 21 of the Constitution of India, as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned …"

Advocate Dilip Singh Yadav appeared on behalf of the applicant while Advocate General Laxman Prasad represented the State.

In this case, on July 16, 2022, Mr. Ram Prakash, Sub-Inspector was conducting routine checking of vehicles. When he reached a village- Rasulabad Tiraha, some people told him that some unknown persons had put the remains of a dead cow progeny in the Shiv Temple situated near the Tiraha to hurt the religious sentiments of the public. The persons present there also informed him that the temple was washed after removing such remains of the animal.

Thereafter, the police on July 17, 2022, arrested five accused persons including the applicant allegedly on their pointing out, equipment for slaughtering the cow as gandasa, and the wooden plank was recovered. The co-accused persons, namely, Aasif and Iliyaas were enlarged on bail by coordinate Benches of the High Court in the month of September. The applicant was languishing in jail since July 17 and had no criminal history to his credit.

It was submitted by the counsel appearing for the accused that the applicant is innocent and has been falsely implicated in the current case. It was also submitted that the applicant was neither named in the FIR nor arrested from the spot. On the other hand, it was contended by the State that the innocence of the applicant cannot be adjudged at the pre-trial stage and therefore, he does not deserve any indulgence.

Accordingly, the Court granted bail to the accused.

Cause Title – Raheem v. State of U.P.

Click here to read/download the Order