Habib vs State of Haryana

Mahabir Singh Sindhu, J.

Case called twice, but none appeared for the petitioner. Present petition has been filed under Section 438 Criminal Procedure Code ('Cr.P.C.' - for

short) by the petitioner for grant of pre-arrest bail in FIR No.490 dated 26.11.2017 under Section 5/13(2) of Haryana Gauvansh Sarankashan and Gau

Samvardhan Act and Section 11-59-60 of Animal Cruelty Act, registered at Police Station Ferozepur Jhirka.

Learned State counsel on instructions from HC Devinder Singh has stated that although in pursuance of order dated 8.2.2018, the petitioner has joined

the investigation, but he is not cooperating with the investigation as he has not disclosed the name of other co-accused and places from where he

brought the aforesaid cows, calves and oxen nor disclosed about the source from where he got forged number plate of the vehicle No.HR-27-B-6900,

which are very relevant for the proper investigation of the case.

In the present case on the basis of a secret information, barricading were laid by the police party consisting of four police officials and the truck was

stopped. Thereafter, the driver came down, who was identified by secret informer as Kallu alias Arshad and the other co-accused who came out from

the conductor side of the vehicle were identified as Habib, Mubin and Isavmal. It is the allegations of the prosecution that all the aforesaid three

persons taking benefit of the crops standing in the fields ran away from the spot and the police party could not chased them.

This Court on 8.2.2018 directed the Superintendent of Police, Mewat to file an affidavit as to how the accused fled away from the spot despite

barricades being laid and what was the reason for delay in registration of FIR No.490 dated 26.11.2017. Affidavit of Ms. Naazneen Bhasin, IPS,

Superintendent of Police, Mewat was filed in which it has inter alia been submitted as under :_

“2. That on 26.11.2017, HC Chander Pal along with police staff in Government vehicle No.HR-27B-6900 was on patrolling duty for crime

detection and was present on the bus stop of village Kolgaon. In the meantime, HC Chander Pal received an information from the secret sources that

accused (1) Kallu alias Arshad S/o Isha resident Sehsan, (2) Mubin R/o Sehsan PS Jurhera Distrcit Alwar, (3) Habib S/o Ashrudin R/o Nunera PS

Sohna and (4) Isvmal S/o Janu R/o Alawalpur PS Nuh are involved in the business of Cow slaughtering & today also they have loaded cows in LP

Truck No.RJ-14GF-3190 and will go to Rajasthan via Shahpur Khera and Kati Ghati for slaughtering them. Therefore, barricading was started by the

police party for apprehending the accused with the aforesaid cows along with the L.P truck.

That it is also worthwhile to mention here that the passersby were asked to join the raiding party but they showed their inability and thereafter,

police along with the secret informer reached the disclosed place & barricading was done after arrived 20/25 minutes of barricading, one L.P truck

was observed by the raiding party, which was aheading towards them. However, the L.P truck driver, after observing the barricades and police party

standing on the road, he tried to turn back the vehicle in the reverse side, but could not succeed. The driver of the aforesaid L.P Truck and his

accomplishes opened the windows of the aforesaid L.P. Truck from both sides. The accused who came down from the driver side was identified by

secret informer as (1) Kallu alias Arshad S/o Isha R/o Seshan, District Alwar (Rajasthan) and those accused who came out from the conductor side

of the vehicle were identified by the secret informer as (2) Mubin R/o Seshan, (3) Habib S/o Ashrudin R/o Nuera and (4) Isvmal S/o Jannu R/o

Alawalpur, PS Nuh, the aforesaid persons/accused succeeded in fleeing from the spot taking benefit of the crops standing in the fields. They were

chased by the police party, they entered in the village streets and disappeared from the eyes of the raiding party, who made strenuous efforts to

apprehend the accused, but could not succeed the mission of apprehending the accused.â€​

The affidavit further reveals that on checking of the vehicle 10 cows, 9 calves and two oxen were found loaded on each other and tied by rope

mercilessly and the investigation of the case is being conducted by a Head Constable. Para No.7 of the affidavit reveals that the petitioner has joined

investigation but he is not cooperating with the investigation. The petitioner has also affixed forged number plate on truck, but he has not even

disclosed about the source from where he got forged number plate.

In view of the above, no ground is made out to extend any further the concession of pre-arrest bail to the petitioner. Consequently, the petition is

dismissed.

Superintendent of Police, Mewat is directed to inquiry into the matter and to intimate to this Court as to what action has been taken / proposed against

four police officials, who were present at the time of occurrence and necessary report be submitted to this Court on or before