High CourtsSingle Bench

Gursewak Singh And Others vs State And Others

Rajasthan High Court · Decided on 24 August 2021 · Citation: (2021) 08 RAJ CK 0031

HON’BLE JUDGES
Devendra Kachhawaha, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Rajasthan Preservation Of Certain Animals Act, 1950 — Section 5, 8 · Rajasthan Bovine Animal (Prohibition Of Slaughterand Regulation Of Temporary Migration Or Export) Act, 1995 — Section 5, 8
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 10481, 10648 Of 2021
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Judgment

16 paragraphs · 606 words

Devendra Kachhawaha, J

S.B. Criminal Miscellaneous Bail Application No. 10648/2021

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.190/2021, Police Station Goluwala, District Hanumangarh, registered for the offences punishable under Sections 5 and 8 of the Rajasthan Animal Act.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner does not want to press the bail application qua petitioner No.3 Bholaram @ Bhola Singh.

Accordingly, the bail application filed under Section 439 Cr.P.C. qua petitioner No.3 Bholaram @ Bhola Singh is dismissed as not pressed.

For remaining petitioners, it is submitted by learned counsel that offences are triable by the Magistrate; and accused petitioner is behind the bars since 16.07.2021 and co-accused Jaspal @ Sunny, Gurman Singh @ Karan and Jeetu have already been enlarged on bail by this Court.

On the contrary, learned Public Prosecutor opposed the bail application of the accused-petitioners.

Having regard to the facts and circumstances of this case, particularly to the fact that offences are triable by Magistrate 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 petitioner deserves to be accepted.

Consequently, the present bail application is allowed. It is ordered that the accused-petitioners No.(1) Gursewak Singh S/o Kaur Singh and (2) Jagseer Singh S/o Nakshtra Singh, arrested in connection with F.I.R. No.190/2021, Police Station Goluwala, District Hanumangarh, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sound and solvent sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of the learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

S.B. Criminal Miscellaneous Bail Application No. 10481/2021

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.190/2021, Police Station Goluwala, District Hanumangarh, registered for the offences punishable under Sections 5 and 8 of the Rajasthan Bovine Animal (Prohibition of Slaughter and Temporary Migration or Export Regulation) Act.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel stated that offence is triable by the Magistrate; and accused petitioner is behind the bars since 16.07.2021; trial will take sufficiently long time, therefore, benefit of bail may be granted to the petitioner.

Having regard to the facts and circumstances of this case, particularly to the fact that offence is triable by Magistrate 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 petitioner deserves to be accepted.

Consequently, the present bail application is allowed. It is ordered that the accused-petitioner Bhola Ram @ Bhola Singh S/o Shri Ram Kumar, arrested in connection with F.I.R. No.190/2021, Police Station Goluwala, District Hanumangarh, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/-(Rupees Fifty Thousand) and two sound and solvent sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of the learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.