Vijay And Others vs State Of Madhya Pradesh

Prakash Chandra Gupta, J

Heard with the aid of case diary.

These applications are first bail applications filed under Section 439 of Cr.P.C. for grant of bail to the applicants/accused, relating to FIR/Crime No.336/2023 dated (not mentioned) registered at Police Station-Chainpur, District Khargone (M.P.) for commission of offence punishable under Sections 34(2) of M.P. Excise Act, sections 4,6 and 9 of the M.P. Govansh Vadh Prathishedh Adhiniyam, 2004 and sections 11(d) of the Prevention of Cruelty to Animals Act, 1960.

Prosecution story, in brief, is that, on 13.08.2023 applicants-Jitendra nad Gangaram were transporting 6 calves and 51.840 bulk liters of country made plain liquor in a pick up vehicle bearing registration No.MP-10-ZC-3596 without having any valid license or authority. The calves were transporting for slaughtering. During, investigation, it was found that applicant Vijay is registered owner of the aforesaid vehicle.

Learned counsel for the applicants submits that the applicant/accused have not committed the offence and they have falsely been implicated in the case. Offence is exclusively triable by Judicial Magistrate First Class. Applicants Jitendra and Gangaram are is in custody since 10.09.2023 and applicant Vijay is in custody since 08.10.2023. After investigation, charge sheet has been filed. Conclusion of trial will take sufficient long time for its disposal therefore, prayer is made for grant of bail to the applicants.

Learned Panel Lawyer for the State has opposed the prayer of the applicants and prayed for its rejection.

Having considered the rival submissions and after perusal of the case diary, also considering other facts and circumstances of the case, this Court is of the view that applicants deserves to the enlarged on bail hence, without commenting on the merits of the case, the bail applications are allowed.

It is directed that the applicants- VIJAY, JITENDRA & GANGARAM be released on bail upon their furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty thousand Only) Each with separate sureties to the satisfaction of the concerned trial Court for their appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during pendency of the trial. It is further directed that applicants shall comply with the provisions of Section 437(3) of Criminal Procedure Code, 1973.

M.Cr.C. stands disposed of, accordingly. C.c. as per rules.