High CourtsSingle Bench

Dashrath And Others vs State Of Rajasthan

Rajasthan High Court · Decided on 17 January 2022 · Citation: (2022) 01 RAJ CK 0022

HON’BLE JUDGES
Devendra Kachhawaha, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Rajasthan Bovine Animal (Prohibition Of Slaughterand Regulation Of Temporary Migration Or Export) Act, 1995 — Section 3, 5, 6, 8, 9, 11
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 8 Of 2022
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Judgment

20 paragraphs · 371 words

Devendra Kachhawaha, J

In wake of onslaught of COVID-19, as per guidelines, lawyers have been advised to refrain from coming to the Courts, therefore, hearing of the

matter is being taken up only through video conferencing.

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R.

No.344/2021, Police Station Chhoti Sadari, District Pratapgarh, registered for the offence punishable under Sections 3, 5, 6, 8 & 9 of Rajasthan Bovine

Animal (Prohibition of Slaughter & Temporary Migration or Export Regulation) Act & Section 11 of Animal Cruelty Act.

Heard learned counsel for the petitioners through video conferencing and learned Public Prosecutor, present-in-person. Perused the material available

on record.

Learned counsel for the petitioners stated that offences are triable by Magistrate; charge-sheet has been filed; petitioners are behind the bars since

14.12.2021; no other case has been registered against the petitioners; and trial will take time. With these submissions, learned counsel for the

petitioners prayed that the benefit of bail may be granted to the petitioner.

Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioners.

Having regard to the facts and circumstances of the case, particularly looking to the facts that offences are triable by First Class Magistrate; charge-

sheet has been filed; accused-petitioners are behind the bars since 14.12.2021; no other case has been registered against the petitioners; and trial will

take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail

application filed by the petitioners deserves to be accepted.

Consequently, the bail application is allowed. It is ordered that the petitioners - Dashrath S/o Babu Lal and Ifran S/o Rasid, both arrested in connection

with F.I.R. No.344/2021, Police Station Chhoti Sadari, District Pratapgarh, shall be released on bail, if not wanted in any other case; provided each of

them furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each (one shall be a local surety) to the satisfaction of the learned

trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.