ORDER

This is first application filed under Section 439 of Cr.P.C. by the applicant – Nafees Hussain S/o. Sher Khan, who has been arrested by Police on 23.2.2021 in connection with Crime No.60/2021 registered at Police Station Pipliyamandi, District Mandsaur for the offence punishable under Section 4, 6/9 of M.P. Govansh Pratishedh Adhiniyam; Section 6-A, 6-B(1), 10 & 11 of M.P. Krishak Pashu Parirakshan Adhiniyam; Section 11(D) of Prevention of Cruelty to Animals Act; and Section 49(A) of the M.P. Excise Act. As per prosecution story, on 20.2.2021, the police seen a Bolero pick-up vehicle bearing Registration No. MP-43-G-3729 coming from Pipliamandi, but did not stop despite signal given by the police. The vehicle was chased by the police, but the driver and one another fled away after leaving the vehicle in the forest earea. The police searched the vehicle in which four litres of spirit was found and 7 bulls were recovered.

Since the bulls were kept in cruel and unhygine manner, therefore, offence under the provisions of Govansh Pratishedh Adhiniyam, Krishak Pashu Parirakshan Adhiniyam along with the provisions of Excise Act have been registered. On the basis of Registration No., the police searched the name of the owner of the vehicle and found that the registered owner of the vehicle is Sami Ali, whose statement u/s. 161 of the Cr.P.C. was recorded, in which, he disclosed that he has given the vehicle to the present applicant by way of Power of Attorney dated 11.2.2021 and he was not aware that the applicant was using the same for illegal purposes.

- : 2 :- Learned counsel for the applicant submits that the applicant has been falsely implicated in this case in order to save the real owner of the vehicle. He was not arrested on the spot. Whether the applicant was having power of attorney, is a matter of trial. He further submits that all the bulls were found healthy aged about 3 to 7 years which is not the age of slaughtering. He is in jail since since last two months, therefore, he has undergone the minimum sentence to be awarded for the aforesaid offences.

Learned Panel Advocate appearing for the respondent/State opposes the prayer and prayed for rejection of the application.

I have perused the case-diary. In view of the aforesaid facts and circumstances of the case, without further commenting anything on the merits of the case, it would be appropriate to enlarge the applicant on bail.

Accordingly, this application is allowed and the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one surety in the like amount to the satisfaction of the Trial Court for his appearance before that Court during the pendency of trial.

Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID -19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020. With the aforesaid, this M.Cr.C. stands disposed of. C.C. as per rules. ( VIVEK RUSIA ) JUDGE Alok/- Digitally signed by ALOK GARGAV Date: 2021.04.06 19:04:33 +05'30'