Traya Musa Osman Gani @ Gani vs State Of Gujarat

A.Y. Kogje, J

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the I-C.R.No.11824006210627 of 2021 registered with Uchchal Police Station, Tapi of the offence punishable under Sections 11(1)(d),(e)(f) and (h) of the Prevention of Cruelty to Animals Act 1960, under Sections 6A(1)(3)(4) and 8(2) of the Gujarat Animal (Amendment) Act, 2017 and Sections 4 and 9(1) of the Gujarat Essential Commodities and Cattle (Control) Act, 2005 and Rule 125E of the Central Motor Vehicles (11th Amendment) Rules, 2015.

Learned Advocate appearing on behalf of the applicants submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

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. Following aspects are considered:-

I. The FIR is registered on 17.08.2021 for the offence which is alleged to have taken place on 17.08.2021.

II. The applicants are in jail since 17.8.2021.

III. The investigation qua the applicants is over as the remand period is over.

IV. The applicants are the driver and cleaner of the vehicle which was carrying the cattle.

V. Learned advocate for the applicant draws attention of this Court to the fact that the owner of the truck with whom the contract was for transporting the cattle to Tamilnadu has been enlarged on anticipatory bail today by the Co-ordinate Bench.

VI. The applicant is not having any antecedents as per learned advocate for the applicant.

VII. Learned APP under instructions of IO is unable to bring on record any special circumstances against the applicant.

In the facts and circumstances of the case and considering the nature of the allegations made against the applicants 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 applicants on regular bail.

Hence, the present application is allowed. The applicants are ordered to be released on regular bail in connection with I-C.R.No.11824006210627 of 2021 registered with Uchchal Police Station, Tapi on executing a personal bond of Rs.10,000/-(Rupees Ten Thousand only) each with one surety 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 injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;

(c) surrender passport, if any, to the Trial Court within a week;

(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;

(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;

(f) furnish the present address of his 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 Trial Court;

The authorities will release the applicants only if they are not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the 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.