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DEVENDRA KACHHAWAHA
Bahadur @ Badar – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Devendra Kachhawaha, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No.11/2022 Police Station Pratapgarh, registered for the offences under Sections 3, 5, 6 & 8 of Rajasthan Bovine animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) act, 1995 & Sections 11(3)D of the animal Cruelty act.
2. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel appearing for the petitioners submits that the offences are triable by Magistrate; the accused petitioner are behind the bars for last more than one month; earlier no case is registered against the accused petitioners and no cruelty was caused to the bovine animals, therefore, in these circumstances, the accused petitioners may be granted benefit of the bail.
4. Per contra, learned Public Prosecutor has opposed the bail application ans submits that there is allegation of illegal transportation of 11 cows and 3 calf.
5. Having regard to the facts and circumstances of the case, particularly to the fact that offences are tri
The court considered the triability of the offences, absence of cruelty to the animals, and the duration of the accused petitioners' custody in granting bail.
The court considered the circumstances of the case and the time spent in custody as key factors in granting bail to the accused-petitioners.
The decision emphasizes that lack of direct involvement and completion of investigation can be grounds for granting bail, even in cases involving serious offences.
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