IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Madan Gopal Vyas, J.
Rasid @ Akbar – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 14624 of 2022
Decided On : 15-12-2022
Bail Application - Offences under Rajasthan Bovine Animal Act and Prevention of Cruelty to Animals Act - The court granted bail to the accused petitioner under Section 439 Cr.P.C.
Fact of the Case:
The petitioner was arrested for offences under the Rajasthan Bovine Animal Act and Prevention of Cruelty to Animals Act. The petitioner filed a bail application under Section 439 Cr.P.C, claiming false implication and citing the bail granted to a co-accused.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner considering the totality of the facts and circumstances.
Issues: Bail application under Section 439 Cr.P.C
Ratio Decidendi: Granting bail based on the totality of the facts and circumstances, without expressing any opinion on the merits of the case.
Final Decision: The bail application filed under Sec.439 Cr.P.C is allowed, and the accused petitioner is directed to be released on bail upon fulfilling the specified conditions.
JUDGMENT
WMadan Gopal Vyas, J. - The petitioner has been arrested in connection with FIR No.396/2022 of Police Station Pratapgarh, District Pratapgarh for the offences punishable under Sections 3, 5, 6, 8 & 9 of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export)Act, 1995 and Section 11(3)(d) of the Prevention of Cruelty to Animals Act, 1960. He has preferred this bail application under Section 439 Cr.P.C.
2. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. It is further submitted that co-accused Saddam has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 09.11.2022. The accused-petitioner is in judicial custody since long and the trial of the case will take long time. Therefore, it is prayed that the accused-petitioner may be enlarged on bail.
Learned Public Prosecutor has vehemently opposed the bail application.
3. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
4. Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Rasid @ Akbar S/o Munna Khan shall be released on bail in connection with FIR No. 396/2022 of Police Station Pratapgarh, District Pratapgarh provided he executes a personal bond in a sum of Rs.1,00,000/-with two sound and solvent sureties of Rs.50,000/- each, including one local surety, to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
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.
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