Rijwan @Ramjan vs State of Punjab

Ram Chand Gupta, J.—The present petition has been filed for anticipatory bail u/s 438 of Code of Criminal Procedure in FIR no. 71 dated 30.05.2013, u/s 8(1) of the Punjab Prohibition of Cow Slaughter Act, 1955 and Section 11 of the Prevention to Cruelty of Animals Act, 1960, registered at police station Ahmedgarh, District Sangrur. I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Sangrur dismissing bail application filed by the petitioner.

Brief allegations are that, petitioner alongwith co-accused used to collect cows from nearby villages and used to keep them in a cattle shed which belongs to co-accused Surender Singh in a cruel manner. FIR was lodged on the basis of secret information. On raid being conducted, as many as 23 cows were recovered. Co-accused Dilbar Sain and Kulwinder Singh were already arrested and interrogated.

It has been contended by learned counsel for petitioner-accused that there is no evidence of slaughtering any cows and of petitioner being indulging in transporting of cows. It is further contended that petitioner is not bound by the statements given by the co-accused.

Bail application has been vehemently opposed by learned counsel for respondent-State, on instruction from ASI Gorakh Nath, on the plea that it has come in the interrogation of co-accused that it was petitioner who used to take cows for the purpose of slaughtering. It is further contended that the case is at the initial stage of investigation and that custodial interrogation of petitioner is required to know about the place where he used to take the cows for the purpose of slaughtering and for conducting further investigation.

In view of the statement given by co-accused, custodial interrogation of petitioner-accused is necessary.

Hence, in view of these facts, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioner-accused. Without expressing any opinion on the merits of the case, the instant application for anticipatory bail filed by Rijwan @Ramjan is, hereby, dismissed being devoid of merit.