Bail is a rule and jail is an exception; personal liberty under Article 21 must be upheld, especially when trial proceedings will take time.

ORDER :

1. RULE. Learned APP waives service of rule for the respondent-State.

2. The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for successive regular bail in connection with FIR being CR No.11204039240531/2024 registered with Mahudha Police Station, Distict : Kheda for the offences punishable under Sections 5(1)(1A), 6B, 8(2) and 10 of the Gujarat Animal Preservation (Amendment) Act, 2017.

3. Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence and the allegations levelled against the present applicant is that he is involved in the supplying of cow progeny. On secret information, when the raid was conducted, 350 kg. cow beef worth Rs.35,000/- was found from the conscious possession of the accused driver and he has mentioned the name of present applicant. Nothing is required to be recovered and discovered from the present applicant. Applicant is in jail since 17.11.2024. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

4. Learned APP appearing on behalf of the respondent-State has opposed the present application and submitted that the present applicant is involved in the offence. Considering the severity of punishment and involvement of applicant, it was found that there was slaughtering of cow progeny, which will effect the religious sentiments. If he released on bail, therefore, possibility cannot be ruled out to tamer with the evidence and to breach the public tranquility and to indulge in similar type of activity. Hence, he has requested to dismiss the present application for regular bail looking to the nature and gravity of the offence.

5. While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail: (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered.

6. I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. In present case, the investigation is over and charge-sheet has been filed. Following aspects have been considered:

(1) investigation is over and charge-sheet is filed;

(2) None of the offence alleged is punishable with life sentence or death penalty;

(3) applicant is arrested on 17.11.2024;

(4) commencement of trial will take its own time;

7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation reported in [2012] 1 SCC 40 as well as in the case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh reported