The court applied the legal provision under Section 438 of the Criminal Procedure Code, 1973, to grant anticipatory bail to the applicant based on the circumstances and material available on record.

JUDGMENT

Vijay Kumar Shukla, J. - This is first application under Section 438 of Criminal Procedure Code, 1973, filed by the applicant for grant of anticipatory bail during trial in connection with Crime No.07/2022 registered at Police Station- Jaora City, Jaora District- Ratlam concerning offence under Sections 4, 6, 9 of MP Govansh Vadh Pratishedh Adhiniyam, and Section 4, 6 10 of M.P. Krishi Upyogi Pashu Sanrakshan Adhiniyam and Section 11(D) of the Prevention of Cruelty to Animal Act and Sections 419, 482, 468, 471 and 473 of IPC.

2. As per prosecution story, the police has recovered 63 govansh from the vehicle and out of which 9 were found dead. Hence, the police has registered the case against co-accused Mubarik and the applicant is implicated in the matter on the basis of statement of co-accused Mubarik recorded under Section 27 of Evidence Act.

3. Learned counsel for the applicant submits that the identically placed co-accused Ansar @ Raja has been granted anticipatory bail. The present case is identical to the case of the co-accused. He further submitted that the applicant is innocent and has been implicated in the present crime on the basis of statement of co-accused persons recorded under Section 27 of Evidence Act. Nothing has been seized from the possession of the present applicant. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

4. Learned counsel for the State has opposed the application by submitting that the applicant and the co-accused were transporting the Govansh illegally and there is one criminal record of the applicant under the provisions of IPC. Hence, he is not entitled for bail.

5. Looking to the facts and circumstances of the case and on perusal of the material available on record including the case diary, without expressing any opinion on the merits of the case, this application is allowed

6. It is directed that in the event of his arrest, the applicant be released on anticipatory bail on his furnishing a personal bond in the sum of Rs. 50,000/-(Rupees Fifty Thousand only) with one local surety in the like amount to the satisfaction of the Arresting Officer with the following conditions:-

(i) that he shall make himself available for interrogation by police officer as and when required.

(ii) that he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer.

(iii) that he would comply with the conditions enumerated under Section 437(3) of the Code of Criminal Procedure, 1973, meticulously.

(iv) in case of registration of any further case under any provision of law against the applicant, this order shall stand cancel automatically without further reference to this Court.

Certified copy, as per Rules.