Punjab and Haryana High Court observed that cow slaughter hurts sentiments as she holds a unique status in Indian society, rejecting anticipatory bail in a sensitive case.
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Chandigarh: The Punjab and Haryana High Court, in a ruling, emphasized that the offence of cow slaughter carries deep emotional and cultural undertones, given the special status of the cow in Indian society.
Justice Sandeep Moudgil, while denying anticipatory bail to the petitioner Aasif, observed that such acts, though seemingly private, can have severe repercussions on public peace and harmony.
Case Background
The petitioner, Aasif, along with others, was accused of transporting two cows from Haryana to Rajasthan for slaughtering, violating the Haryana Gauvansh Sanrakshan and Gausamvardhan Act and the Prevention of Cruelty to Animals Act. Acting on a tip-off, the police intercepted a vehicle and recovered two cows kept in deplorable condition along with tools allegedly meant for slaughter.
Aasif sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, claiming parity with his co-accused Aman, who had already been granted regular bail.
Court’s Observations
The High Court rejected the plea, noting,
“The right to bail is not to be confused with the right to impunity.”
Justice Moudgil observed.
The petitioner was not a first-time offender; he had previously been booked in three other FIRs for similar offences. The Court remarked that the earlier bail concessions, given as a gesture of judicial trust, had been “misused rather than respected.”
Anticipatory bail is a discretionary relief designed to protect innocents from arbitrary arrest, not to shield habitual offenders. Citing Lavesh v. State (NCT of Delhi) (2012) 8 SCC 730, the Court reiterated that persons with criminal antecedents cannot claim anticipatory bail as a matter of right.
“Anticipatory bail is a discretionary relief, intended to protect innocent individuals from motivated or arbitrary arrest, not to provide sanctuary to those who repeatedly violate the law with impunity,”
it said.
The Court highlighted that cow slaughter is not just a legal issue but one deeply embedded in India’s cultural, religious, and economic ethos. Relying on State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat (2005) 8 SCC 534, the Court noted that the prohibition of cow slaughter is constitutionally valid and reflects India’s agrarian values and Directive Principles under Article 48.
The cow, said, is “not only a pious animal but also an integral part of India’s agrarian economy.”
The Court said
The Court acknowledged that while liberty is important, it cannot come at the cost of public peace.
Appearance:
For the petitioner: Advocate Rosi
Case Title:
Aasif v State of Haryana
CRM-M-42090-2025
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