Fariyad vs State Of MP

Anil Verma, J

This is first application under Section 439 of the Code of Criminal Procedure, 1973. The applicant is in Jail since 21.6.2021 in connection with Crime

No. 334/2021 registered at P.S. Y.D. Nagar District Mandsaur for commission of offence punishable under Section 4,6,9 Gouvansh Vadh Pratishedh

Adhiniyam and under section 295(A), 429 of IPC.

As per prosecution story, on 21.6.2021 police received a secret information from informant about four persons on two motorcycles going toward

Botalganj to procure cow beef and to sell it in Mandsaur and will use the said beef to outrage the religious feelings by throwing the beef in front of

Hindu temples. On receiving said information police prepared necessary panchanama and trap party has been arranged and reached at Bhuniyakhedi

Fanta. After sometime police saw four persons on two motorcycles. Police intercepted them and on asking, they revealed their name as Naushad,

Naharu, Bhura and Fariyad. Police has recovered 80 kg beef from joint possession of all four accused persons. Thereafter police registered crime

against the applicant and other co-accused persons.

Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in this offence. He is in custody since

21.6.21, there is no legal evidence to connect the applicant with the aforementioned offence, conclusion of trial will take sufficient long time. He also

submits that there is no expert report on record to establish that seized meat belongs to cow. Under the above circumstances, prayer for grant of bail

may be considered on such terms and conditions, as this Court deems fit and proper.

Per contra, learned P.L. for respondent â€" State opposes the bail application and supports the order impugned by stating that present applicant and

other co-accused persons were trying to damage the communal harmony and offence is very serious in nature. He also submits that three offences

have been registered against the present applicant, one is related to Arms Act and two offences are related to Public Gambling Act, but fairly admits

that both offences registered under Public Gambling Act have been disposed of and fine has been imposed upon the applicant. He prays for rejection

of bail application.

Heard learned counsel for the parties and perused the case diary.

Considering the nature of allegation and facts and circumstances of the case and the fact that investigation is over, applicant is in custody since

21.6.2021 and all offences are triable by JMFC, final conclusion of trial is likely to take sufficient long time, I deem it proper to release the accused /

applicant on bail. Therefore, without commenting on the merits of the case, the application is allowed.

It is directed that applicant- Fariyad be released on bail on his furnishing personal bond in the sum of Rs.60,000/- (Rs. Sixty Thousand only) with one

solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by

all the conditions enumerated u/S. 437(3) Cr.P.C.,

Before releasing the applicant from the custody, the Jail Authorities are directed to medically examine him in order to rule out the possibility of Covid-

19 infections and shall comply with the directions issued by the Hon’ble Apex Court in W.P.No. 01/2020.

Certified copy as per Rules.