Raju vs State of Haryana

The present petition has been filed under Section 439 Code of

Criminal Procedure for grant of regular bail to the petitioner in case FIR

No.130 dated 16.05.2016 registered for offences punishable under Sections

13 (1) (2) of Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015

and 11 of Animal Cruelty Act, 1960, of Indian Penal Code (for short, " IPC ")

at Police Station Kalan Wali, District Sirsa.

Heard.

Notice of motion.

On asking of the court, Mr. Amrik Narwal, DAG, Haryana, who

is present in the Court accepts notice and submits that intimation by

Registry informing of fixation of the petition has already been received and

record of the case is available with him.

Learned State counsel submits that a police party headed by SI

Sahab Ram during nakabandi gave signal to a truck. Driver of the truck ran

away from the spot. The truck was taken to Shri Krishan Gaushala Mandi

Kala Wali and 23 oxen were found in that truck. From the documents,

owner of the truck was found to be Nurdeen. He was associated in the

investigation, who produced the petitioner and lease agreement of the truck

with him.

The petitioner was arrested in this case on 07.01.2017. The

police after completion of investigation has presented the challan in Court.

In view of above but without expressing any opinion on merits

of the case and keeping in view the fact that conclusion of trial will take

considerably long time, the present petition is allowed. Petitioner-Raju is

ordered to be released on regular bail on furnishing bail bond and surety

bond to the satisfaction of concerned trial Court/Chief Judicial

Magistrate/Duty Magistrate, subject to following terms:-

(a) The petitioner shall comply with the conditions

mentioned in Section 437(3) Cr.P.C.

(b) In the event of his absence on any date of hearing, the

benefit of bail allowed to the petitioner shall stand

withdrawn. The trial Court shall be competent to cancel

his bail bond and surety bond and proceed to procure his

presence in accordance with law. In that eventuality the

petitioner shall have to apply for bail afresh.

(c) He shall not leave the country without the previous

permission of the Court.