ORDER

Heard with the aid of case diary.

This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant, in connection with FIR/Crime No.297/2023, Date:-(Not mentioned) registered at P.S. - Sonera, District - Shajapur (M.P.) for commission of offence punishable under Sections 4, 6 and 9 of M.P. Cow Slaughter Prohibition Act, Sections 11(1)d and 5/11 of M.P. Farmer Animal Protection Act and Sections 66/192 and 132/17 of Motor Vehicle Act.

2. Prosecution story in brief is that on 22.11.2023, it was found that 2-3 unknown persons were transporting cows in mini truck bearing registration No.RJ-09-GD-9877. After seeing the Police, aforesaid unknown persons fled away from the place. During search, 46 calves and 03 cows alongwith aforesaid mini truck were seized from the spot and an FIR was lodged against unknown persons. During investigation, it was found that the co-accused Farukh was driving the aforesaid truck and present applicant was accompanying with the co-accused Farukh and Jamil is registered owner of the aforesaid vehicle.

3 . Learned counsel for the applicant submits that applicant has not committed the offence and has falsely been implicated in the case only on the basis of memorandum statement of co-accused Farukh recorded under Section 27 of Indian Evidence Act. It is submitted that at the time of the incident, the present applicant was not accompanying co-accused Farukh. No incriminating material was seized from the present applicant. There is no legal evidence available on record against the applicant.

4. It is also submitted that applicant is in custody since 25.11.2023. After completion of investigation, charge-sheet has been filed. The conclusion of the trial will take sufficient long time for its disposal. Under these circumstances, prayer is made for grant of bail to the applicant.

5. On the other hand, learned counsel for the non-applicant/State has opposed the prayer of the applicant and prayed for its rejection.

6. Having considered the rival submissions and after perusal of the case diary so also considering the facts and circumstances of the case, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting on the merits of the case, the application is allowed. 7. It is directed that applicant - Wakil shall be released on bail on his furnishing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) alongwith one solvent surety in the like amount to the satisfaction of the concerned Court, for his appearance before the concerned Court regularly on all such dates as may be fixed in this regard during trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

8. This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.

9. With the aforesaid, this application is allowed and stands disposed of. Certified copy, as per Rules.

(PRAKASH CHANDRA GUPTA) JUDGE Shruti