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The Punjab and Haryana High Court has refused to grant bail to the accused, Shrif, charged for carrying cows to slaughter noting that the allegations against him are “very serious.” He was booked under the provisions of Haryana Gauvans Sanrakshan and Gausamvardhan Act and Prevention of Cruelty to Animals Act, for smuggling cows to slaughter.
The court held, “Keeping in view the fact that the petitioner has tried to mislead the Court and the gravity of offence, I am of the view that the petitioner does not deserve the concession of regular bail, at this stage.”
The court noted, “Looking from another angle, the allegations against the petitioner are very serious. He, along with others, was carrying cows in a pitiable condition in a Bolero pick-up during midnight. When the complainant tried to stop them, they rammed their vehicle against the vehicle of the complainant and ran away. The complainant and others chased the vehicle.”
“Even stones were thrown on the complainant party and cows, which were being carried allegedly for slaughtering, were also thrown in their way to stop the complainant party to chase them. The trial of the case is yet to start,” the court added.
The court further noted that the accused has tried to mislead the court, claiming that he is not involved in another case; even though there is another case registered against him. The accused is on bail in the other case, wherein he was charged under similar provisions in the other case. He is also charged under various provisions of Arms Act and the Indian Penal Code in the said other case.
The court said, “There is apparent concealment of registration of an earlier case against the petitioner and there is no explanation of the same. So, petitioner is not entitled for grant of relief in this petition only on the ground that he has concealed an important fact from this Court. There is no explanation for the same.”
Background
A Bajrang Dal worker Premjeet Singh filed the complaint with Gurugram Police, submitting that 5/6 people were illegally transporting cows from Badsahpur to Rajasthan, through Mewat, for the purpose of cow slaughtering. The complainant also informed the police that he, along with his companion, proceeded towards Badsahpur along with other members of Bajrang Dal.
The FIR states, “While searching, at about 02:20 AM, when we reached at Darbaripur turn on Sohna-Gurugram Road in Badshahpur, we saw a pickup going through Darbaripur Road, wherein we saw that cows were loaded mercilessly in the pickup. When we signalled the pickup to stop, these people rammed their vehicle in ours from side and speeded up their vehicle rashly towards 200 Foota road, Rajesh Pilot Chowk through Vatika Chowk.”
The complainant also informed the police that the cow smugglers also pelted stones and threw three cows in front of their vehicle. The FIR states, “By the time, these people started pelting stones and by opening the door of the vehicle they threw three cows in front of our vehicle and when we tried to stop their vehicle by overtaking it, these people tried to kill us by running over us their pickup and while hitting the side of our vehicle, the cow smuggling vehicle again overtook us. We had a narrow escape.”
“Driver of cow-smuggling pick up turned over the vehicle in a rash and negligent manner a little ahead of Village Tigra turn. One of the cow smugglers, sitting at the back side of the vehicle, came under the vehicle and three persons, along with the driver of the vehicle, fled from the spot and we took out two persons, who came under the vehicle. They had serious injuries,” the FIR read.
The complainant further said in the FIR, “These two cow-smugglers caught on the spot told their names as Iklas son of Asu, resident of Village Salhedi (Nuh) and Sarif s/o Abdul Rahman, resident of Village Hussainpur (Nuh) and the name of the person, who came under the vehicle, was told as Waris son of Mubeen, resident of Village Hussainpur (Nuh),” and asked the police to take strict legal action against the cow smugglers for smuggling the cows in pitiable condition for slaughtering.
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