2011 Supreme(Raj) 1647
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Mahesh Bhagwati, J.
Abid - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Misc. Bail Appl. No. 684 of 2011.
Decided On : 1-02-2011
Advocates:
For the Petitioner:J.R. Tantiya, Advocate.
For the State: G.S. Fauzdar, Public Prosecutor.
Headnote:Criminal Procedure Code, 1973 – S. 439 – S. 379 Indian Penal Code – the court allowed the bail application – the accused was convicted for committing theft of cow and beating him to death – but it has been observed that he has not committed theft of cow rather the one who committed theft was not implicated in this case.
JUDGMENT
1. - This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri J.R. Tantiya, Advocate on behalf of the applicant Abid pertaining to F.I.R. No. 351/2010 of Police Station Tapukara, District Alwar, registered for the offence under Section 3/8 of Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act (Rajasthan), 1995 and 379 of I.P.C.
2. Heard the learned counsel for the petitioner as also learned Public Prosecutor for the State and perused the material on record.
3. The accused-petitioner Abid is alleged to have been committed theft of Cow. It is also alleged that this Cow was ultimately beaten to death. Learned counsel for the petitioner canvassed that the main accused Hannu who in fact committed the theft of Cow has not been made an accused in this case and the petitioner has been falsely implicated whereas he is in no way connected with the commission of the alleged offences, hence, he be granted indulgence of bail.
4. Learned Public Prosecutor appearing for the State has fairly conceded that the main accused Hannu has not been made an accused in this case whereas he is the person who committed the theft of Cow.
5. Having considered the submissions made at the bar and carefully perused the relevant material on record, I, without expressing any opinion on the merits of the case, do feel inclined to grant indulgence of bail to the petitioner and his bail petition is allowed.
6. It is, therefore, ordered that the bail application filed on behalf of the petitioner Abid S/o Shri Zoma Khan is allowed and he shall be released on bail, provided he furnishes a personal bond in the sum of Rs. 50,000/- (Rupees Fifty thousand only) together with two sureties each of Rs. 25,000/- (Rupees, Twenty Five thousand) to the satisfaction of the learned trial Court with the stipulation that he shall appear before the learned trial Court on all dates of hearing and as and when called upon to do so till the trial is concluded.Bail application allowed.
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