Irrational & Indiscriminate Arrests Are Gross Violation Of Human Rights: Allahabad HC Grants Anticipatory Bail To Accused In Cow Slaughter Case
|The Allahabad High Court granted anticipatory bail to an accused in a cow slaughter case.
The accused was implicated under Sections 3, 5-A, 5-B and 8 of the Cow Slaughter Act, Section 11 of the Prevention of Cruelty to Animals Act and Section 429 of the IPC. The accused argued that it was the first time he was implicated in such a case and that he was falsely implicated.
A Single Bench of Justice Siddharth observed, “After the lodging of FIR the arrest can be made by the police at will. There is no definite period fixed for the police to arrest an accused against whom an FIR has been lodged. The courts have repeatedly held that arrest should be the last option for the police and it should be restricted to those exceptional cases where arresting the accused is imperative or his custodial interrogation is required. Irrational and indiscriminate arrests are gross violation of human rights.”
Advocate Ajay Kumar Mishra represented the applicant.
The prayer for anticipatory bail was opposed because of the seriousness of the allegations made against the accused. At the same time, the prayer was opposed because “only on the basis of imaginary fear anticipatory bail cannot be granted.”
The Bench noted that although there was a case registered/about to be registered against the applicant, “it cannot be definitely said when the police may apprehend him.”
The Bench referred to the Supreme Court’s decision in the 1994 judgment Joginder Kumar v. State of Uttar Pradesh where the Apex Court referred to the third report of the National Police Commission wherein it was mentioned that arrests by the police in India were the chief source of corruption in the police. The report further suggested that nearly 60 percent of the arrests were either unnecessary or unjustified and that such unjustified police action accounted for 43.2 percent of the expenditure of the jails.
“Personal liberty is a very precious fundamental rights and it should be curtailed only when it becomes imperative. According to the peculiar facts and circumstances of the peculiar case the arrest of an accused should be made,” the Court remarked.
Consequently, the Court held, “without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on anticipatory bail for limited period…In the event of arrest, the applicant shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court.”
Accordingly, the High Court directed the Investigating Officer to conclude the investigation of the case expeditiously.
Cause Title: Mohd Tabis Raja v. State of U.P. (Neutral Citation: 2024:AHC:103398)