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KIRTI SINGH
Mohd. Ishtikar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Kirti Singh, J. (Oral)
The jurisdiction of this Court under Section 439 Cr.P.C. has been invoked for grant of regular bail to the petitioner in case FIR No.0612 dated 26.12.2023, under section 11 of the Prevention of Cruelty to Animals Act, 1960 and Sections 13(1) & 17 of the Haryana Gauvansh Sanrakshan & Gausamvardhan Act, 2015, registered at Police Station Agroha, District Hissar, Haryana.
2. The gist of the allegations as alleged against the petitioner are that on 26.12.2023, the police received information that two vehicles loaded with gauvansh had been apprehended at Toll Plaza. After getting this information, the police party reached at the Toll Plaza where complainant Sanjay and his companion Sunil presented both the vehicles and two boys. Upon checking, the vehicles were found packed with gauvansh. On checking the vehicle bearing registration No.UP37T-2050, 14 cows were found and on checking vehicle bearing registration No.HR61A-2493, 08 cows and 04 oxen were found. The vehicles as well as the gauvansh were taken into police custody.
3. Learned counsel for the petitioner inter alia submits that the petitioner has been falsely implicated in this case and from a bare
The right to a speedy trial under Article 21 mandates that prolonged detention without charges is unjust, warranting bail.
Bail is a rule, jail is an exception; deprivation of liberty without a speedy trial violates Article 21.
Right to speedy trial and personal liberty outweighs the risks associated with bail in non-violent drug offenses.
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