Kendar Singh S/O Dawal Singh vs State Of M.P

Vivek Rusia, J

This is first application filed under section 439 Cr.P.C seeking bail in connection with Crime No.88/2021 registered at police station Bag, district Dhar

for the offence punishable under sections 4, 6 & 9 of the Govansh Vadh Pratishedh Adhiniyam & u/s 429 of the IPC.

As per prosecution story on 04.03.2021 complainant Mahendra Singh, r/o Gram Magrada, Patelpura lodged a complaint that near his field and on the

banks of a river a brown coloured skin of a cow and pieces of flesh were lying. It appears that some unknown persons have slaughtered the cow that

was pregnant at the time of slaughter. On the basis of the complaint police reached the spot and registered a case under the M.P Govansh Vadh

Pratishedh Adhiniyam and IPC and started investigation. The skin and flesh were examined by the veterinary doctor and confirmed it to be of a cow.

During investigation police has found that one Kalu of the village had sold a brown coloured cow to Madan and Ramlal and accordingly police arrested

them. In their statement u/s 27 of the Evidence Act they have disclosed the name of 4 other accused persons and accordingly they all have also been

made accused in the matter.

Learned counsel for the applicant submit that the applicant has been falsely implicated in the case on the basis of the memorandum statement of Kalu

recorded u/s 27 of the Evidence Act. It is even not clear it was the same cow which was sold by Kalu. There is no eye witness in the matter. The

investigation qua the present applicant is over. He is a first offender. Except the recovery of certain arms, there was no recovery from him. The co-

accused persons Dolu, Madan & Ramla have already been released on bail by this Court in MCRC No.29009/21, MCRC No.31683/21 & MCRC

No.26186/21 respectively. He is in custody since 19.05.2021, hence prays for release of the applicant on bail.

Learned panel lawyer opposes the bail application.

Perused the case diary.

Although the offence is heinous in nature but none of the accused have been arrested from the spot and they have been made accused on the basis of

the statement of Kalu. Even there is no documentary evidence regarding sale of the cow to Madan. Considering the facts and circumstances of the

case and the arguments advanced by learned counsel for the applicants, without commenting on the merits of the case, the application is allowed. The

applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one solvent

surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall

remain present before the Court concerned during trial and shall also abide by the conditions enumerated under section 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 direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

C.c as per rules.