Sajed vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 22.3.2022 in connection with Crime No.154/2022 registered at Police Station Barwah, District Khargone (M.P.) for commission of offence punishable under Section 4, 6, 9 of Govansh Vadh Pratishedh Adhiniyam and under Section 11 of Prevention of Cruelty to Animals Act.

Prosecution story, in brief is that on 23.3.2022 applicant was found carrying three cows loaded in a cruel manner in white colour pickup vehicle bearing registration No.MH-04-HD-0692 for the purpose of slaughtering the same.

Learned counsel for the applicant submits that as per prosecution case itself applicant was found carrying the seized cows for the purpose of sale and not for slaughtering. During medical of the three animals , they were found healthy, therefore, allegation alleged against the applicant are totally false. He is in custody since 22.3.2022. Charge sheet has been filed. Trial will take time to conclude, therefore, in the aforesaid circumstances, applicant is entitled for grant of bail. Learned counsel for the applicant has also filed medical papers in support of his contention.

Learned Government Advocate for the non-applicant - State has opposed the application and prays for its rejection.

Having considered the rival submissions, material produced on record, nature of allegations alleged against the applicant and also considering other facts and circumstances of the case, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.

It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

In view of the outbreak of 'Corona Virus disease (COVID-19), the concerned Jail Authority is directed to follow the directions/guidelines issued by the Government with regard to COVID-19 before releasing the applicant.

This application is allowed and stands disposed of.

Certified copy, as per Rules.