ORDER

This is first application under Section 439 of Cr.P.C. for grant of bail filed on behalf of applicant who is in custody since 21/05/2022 in connection with Crime No.07/2022 registered at Police Station Jaora, District - Ratlam(M.P.) for the offence punishable under Sections 4, 6, 9 of M.P. Govansh Vadh Pratishedh Adhiniyam, 2004 and under Sections 4, 6, 10 of M.P.

Krishi Upyogi Sanrakshan Adhiniyam and 11-D of Prevention of Cruelty to Animal Act and Sections 419, 482, 468, 471 and 473 of IPC.

As per prosecution case, on the date of alleged incident i.e. on 06/01/2022, on the basis of secret information received, the police intercepted the vehicle and during search, the Police found 62 cattle(including cow, bull and calves) from the said truck out of which 9 were found dead. Hence, the Police has registered a case against the applicant and other co-accused persons.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. He submits that on the basis of memorandum of co-accused Mubarik recorded under Section 27 of the Indian Evidence Act, the present applicant has been implicated in the alleged offence. He further submits that co-accused Ansar @ Raja has been granted anticipatory bail by this Court vide order dated 10/08/2022 and he is claiming parity with him. The investigation is over and charge-

sheet has been filed. The applicant is in custody since 21/05/2022, Conclusion of trial will take long time. On these aforesaid grounds, prayer is made to release the applicant on bail.

On the other hand, learned counsel for the non-

applicant/State opposed the prayer by submitting that the applicant is not having parity with co-accused Ansar @ Raja. The number plate of the truck by which the cattle were transported has been changed by the applicant as RJ09GB7557 whereas the original number plate of the vehicle bears registration No.RJ09GC1757 and the seizure of the same has been made from the applicant. He further submits that the applicant has a huge criminal record. Out of 18 criminal cases, 8 cases are of same nature which were registered against the present applicant and the same reads as under :

S.No. PS Criminal Case No. Sections 1 Y.D. Nagar, Mandsaur(M.P.) 79/01323, 506, 34 IPC 2 Y.D. Nagar, Mandsaur(M.P.) 201/11341, 294, 323, 506, 34 IPC 3 Y.D. Nagar, Mandsaur(M.P.) 116/14341, 294, 506, 34 IPC 4 Y.D. Nagar, Mandsaur(M.P.) 170/15498A, 34 IPC 5 Y.D. Nagar, Mandsaur(M.P.) 162/16323, 325, 294, 506, 34 IPC 6 Y.D. Nagar, Mandsaur(M.P.) 137/18294, 323, 506, 34, 452 IPC 7 Y.D. Nagar, Mandsaur(M.P.) 1412/20429, 465, 467 IPC 8 Y.D. Nagar, Mandsaur(M.P.) 286/20457, 380, 429 IPC & u/s 4, 5, 9 of Govansh Vadh Pratished Adhiniyam.

9 SiddhpurDistrict Patan, Gujarat 277/18\4, 6-A, 6-B, 9 Govansh Vadh Pratished Adhiniyam, 11 (D) of Pashu Krurta 10 Nemuch Cant(M.P.) 329/21Sections 420, 481 and 482 of IPC.

Jaora City,4, 6 and 9 of District Ratlam(M.P.) Govansh Vadh Pratished Adhiniyam, 4, 6, 10 of MP Krishi Pashu Upyogi Sanrakshan Adhiniyam, 11(D) of Pashu Krurta Nivaran Adhiniyam, 467, 468, 420 of IPC.

12 Biston, District Khargone(M.P.) 458/2021 4, 6, 9 Govansh Vadh Pratished Adhiniyam, 4, 6, 10 of M.P. Krishi Pashu Upyogi Sanrakshan Adhiniyam, 11D of Pashu Krurta Nivaran Adhiniyam, Section 467, 468 and 420 of IPC.

13 Ringnod, District Ratlam(M.P.) 278/20184, 6 and 9 of Govansh Vadh Pratished Adhiniyam, 11(D) of Pashu Krurta Nivaran Adhiniyam, 420, 473, 267 of IPC.

14 Ringnod, District Ratlam(M.P.) 277/184, 6 and 9 of Govansh Vadh Pratished Adhiniyam, 11(D) of Pashu Krurta Nivaran Adhiniyam Daloda, District Mandsaur(M.P.) 4, 6 and 9 of Govansh Vadh Pratished Adhiniyam, 11(D) of Pashu Krurta Nivaran Adhiniyam, 473 of IPC.

16 Pipliya Mandi, District Mandsaur(M.P.) 334/194, 6, 10, 11 of M.P.

Krishak Pashu Parikshan Adhiniyam, 4,6/9 of M.P. Govansh Vadh Pratished Adhiniyam, 11 (1)(D) of Pashu Krurta Nivaran Adh