The completion of the investigation, filing of the charge sheet, and lack of requirement for further custodial interrogation are grounds for granting bail.

JUDGMENT

Vijay Kumar Shukla, J. - This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicants in connection with Crime No.899/2022 registered at Police Station Sendhwa Rural, Distt. Barwani (M.P.) under Sections 4,6/9 of MP Govansh Vadh Pratishedh Adhiniyam & 11 of Prevention of Cruelty to Animals Act & Sec.6(A), 6(B)(1), 10, 11 of M.P. Krishik Pashu Parirakshan Act & Sec.49-A, 34(2), 36 of Excise Act.

2. It is alleged that one pick up vehicle was searched by the police and total 11 cows and bulls were found to be illegally transported to Maharashtra for slaughter. It is alleged that the applicants have fled away from the spot.

3. Counsel for applicants submits that the applicants have been implicated on the basis of memorandum of co-accused. He is in jail since 18.12.2022. The investigation has been completed, the charge sheet has been filed. No further custodial interrogation is required.

4. Counsel for State opposed the prayer for grant of bail and submits that against applicant No.1 there is one case of Gambling Act of year 2022 but there is no any other criminal case.

5. After hearing learned counsel for parties and taking into consideration the allegations against the present applicants and that they have been implicated on the basis of memorandum of co-accused u/S.27 of the Evidence Act, the investigation has been completed, the charge sheet has been filed, no further custodial interrogation is required, I am of the view that the applicants are entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.

6. It is directed that Applicants shall be released from custody upon each of them furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one separate surety of the like amount to the satisfaction of the Ld. Court below.

7. The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicants is examined by the jail doctor before release. If the applicants shows symptoms of COVID-19, the doctor shall forthwith direct applicants to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicants is not affected with the virus, the jail authorities shall ensure transportation from the jail till the place of residence.

8. It is further made clear that if it is found that the applicants are involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicants.

9. A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Ld. Court below.