IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA nd ON THE 2 OF MAY, 2023 MISC. CRIMINAL CASE No. 15308 of 2023 BETWEEN:-

KALU PATHAN S/O SHREE SHAUKAT ALI, AGED ABOUT 41 YEARS, R/O KACHAHARI DARWAZA UNHEL DISTT.UJJAIN (MADHYA PRADESH)

.....APPLICANT (SHRI GOURAV SHRIVASTAVA, ADVOCATE FOR THE APPLICANT).

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION UNHEL DISTRICT UJJAIN (MADHYA PRADESH)

.....RESPONDENTS (SHRI SURENDRA GUPTA, GOVERNMENT ADVOCATE FOR THE STATE). This application coming on for admission this day, the court passed the following:

ORDER

This is first bail application under Section 439 of Cr.P.C in connection with crime No. 46/2023 registered at P.S - Unhel, District - Ujjain (M.P) for offences punishable under Section 429 of the Indian Penal Code, Sections 4, 6 and 9 of the MP Go-Vansh Pratished Adhiniyam, 2004 and Section 25 of the Arms Act.

2) As per the prosecution case, dead body of animals lying at Didiyakhedi were found. At the spot, police found body parts of animals which was outcome of the slaughter of cow. On the same day, there was an engagement ceremony in the house of the applicant and it was found that beef Signature Not Verified was cooked in the food. The same was sent for test.

3) Counsel for the applicant submits that after the test conducted by the prosecution, it was found that the same was chicken and not beef. Applicant is in jail since 27.02.2023, the investigation has been completed and the charge-

sheet has been filed. Hence, the present applicant be enlarged on bail.

4) Counsel for the State opposes the prayer for grant of bail on the ground that the body parts of cow were found near the place of ceremony and the same has been accepted as per the memorandum under Section 27 of the Evidence Act by the accused.

5) After hearing learned counsel for the parties and taking into consideration the fact that beef has not been found in the dinner party and the same was reported to be chicken, there is not evidence except statement under Section 27 of the Evidence Act. The applicant is in jail since 27.02.2023, the investigation has been completed, the charge-sheet has been filed and no further custodial interrogation is required, I am of the view that the applicant is 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 applicant-Kalu Pathan shall be released from custody upon furnishing a personal bond of Rs. 50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the learned 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 applicant is examined by the jail doctor before his release. If the applicant Signature Not Verified shows symptoms of COVID-19, the doctor shall forthwith direct him 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 applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.

8) It is further made clear that if it is found that the applicant is 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 applicant.

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 learned Court below.

10) With the aforesaid, the application is allowed and disposed of.

C.C as per rules.

(VIJAY KUMAR SHUKLA)

JUDGE vidya Signature Not Verified