"Case based on circumstantial evidence:" Allahabad High Court grants bail to person accused of cow slaughter

The Allahabad High Court on Thursday granted bail to a person accused of cow slaughter, observing that the case was based on circumstantial evidence and that no one had actually seen the accused person slaughtering the animal (Bhandari @ Jiyauddin v. State of UP)..A single-judge bench of Justice Mohd. Faiz Alam Khan said that no evidence was provided to prove that applicant was seen with the cow."Having heard learned counsel for parties and having perused the record it is evident that the instant case is based on circumstantial evidence as no-one has claimed to have seen the applicant slaughtering the prohibited animal," the Court said in its order.One Ram Phal who claimed to have seen the applicant in the night with the cow, is just a 'chance witness', the Court added. "The prosecution witness Ram Phal is a witness of last seen, however he claimed to have seen the applicant in the night with the cow when he came out of his house to attend the call of nature at the dying hours of night. The other two witnesses are of extra judicial confession about whom it has been vehemently submitted that they were not in a position to help the applicant and the witness Ram Phal is a chance witness," the order said. .The accused (applicant) Bhandari @ Jiyauddin was charged under Section 379 of the Indian Penal Code and Sections 3/5/8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955..The counsel for the applicant contended that the witness Ram Phal is only a chance witness as it was not natural for him to remain awake in the dying hours of the night.Further, it was added that "the evidence of two witnesses, namely, Badri Prasad and Baleshar who have claimed that the applicant has confessed before them could also not be believed as there was no occasion for the applicant to have confessed the guilt as they were never in a position to help the applicant and, therefore, both these witnesses are planted." It was also contended that the time gap between the last seen and the time of death of the stolen cow is so vast that the entry of any other person could not be ruled out. .On the other hand, the Additional Government Advocate while opposing the prayer for bail contended that the applicant had committed heinous offence, but could not controvert the other factual submissions made by applicant..The Court took note of the fact that it was a case of circumstantial evidence and the applicant has also been also charged for offences under Gangsters Act.."The alleged offences against the applicant are triable by the Magistrate. He is in jail in this matter since 22.11.2020. Gangsters Act has also been slapped against the applicant, however it is submitted that bail in that case could only be obtained only after obtaining bail in this case," the order said. .Thus, taking into account the overall facts and circumstances of the case, the Court proceeded to grant bail to the accused subject to the following conditions: .(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail..[Read Order]