Mohmed Hanif @ Babu Abdul Hamid @ Zakir Abdul Rauf Shaikh vs State Of Gujarat

Divyesh A. Joshi, J

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.11211005230130/2023 registered with the Patadi Police Station, Surendranagar for the offence punishable under Sections 379 and 114 of the Indian Penal Code, under Section 11(1),D,E,F,H of the Animal Cruelty Act, under Sections 5, 6, 8(4) and 10 of the Animal Preservation (Amendment) Act, 2017 and under Section 119 of the Gujarat Police Act.

Learned advocate for the applicant submitted that the so-called incident has taken place on 12.05.2023 and on the very same day i.e. on 12.05.2023, FIR has been lodged and in connection with the same, the applicants have been arrested on 22.05.2023 and since then, they are in judicial custody. Learned advocate submitted that now the investigation is completed and after submission of the chargesheet, the present application is preferred. Learned advocate submitted that none of the applicants were caught red-handed at the place of incident and the applicants have been arraigned as accused on the basis of the statement made by the co-accused. Learned advocate submitted that it is alleged in the FIR that the applicants have illegally without any pass-permit and in a cruel manner have transported the live animals in the vehicle. Learned advocate further submitted that the bail application of the applicants has been rejected by the concerned Sessions Court solely on the ground that there are past antecedents against the applicants. It is, therefore, urged that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

Learned APP for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. It is submitted that the role of the present applicant is clearly spelt out from the papers of the chargesheet and the applicants are having antecedents and, hence, the present application may not be entertained.

Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.

I have heard the learned advocates appearing on behalf of the respective parties and perused the papers of the investigation and considered the allegations levelled against the applicant and the role played by the applicant.

It is found out from the record that the present application is preferred after submission of the chargesheet and now the investigation is completed and the applicant is in jail since 22.05.2023. The accused are arraigned as accused only on the basis of the statement made by the co-accused. I have considered the role attributed to the accused persons. The accused are arraigned as accused in the aforesaid offence only on the basis of the statement of the co-accused. Therefore considering the above factual aspects, without entering into merits and demerit of the offence, the present application deserves to be allowed.

This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012] 1 SCC 40 as well as in case of Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2022) 10 SCC 51.

In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

Hence, the present application is allowed. The applicants are ordered to be released on regular bail in connection with the FIR being C.R. No.11211005230130/2023 registered with the Patadi Police Station, Surendranagar on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) each with one surety each of the like amount to the satisfaction of the trial Court and subject to the conditions that they shall;

[a] not take undue advantage of liberty or misuse liberty;

[b] not act in a manner injuries to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

[e] mark presence before the concerned Police Station on alternate Monday of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;

[f] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;

The authorities will release the applicants only if they are is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the concerned Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.

At the trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail.

Rule is made absolute to the aforesaid extent. Direct service is permitted.