IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE ANIL VERMA th ON THE 6 OF DECEMBER, 2022 MISC. CRIMINAL CASE No. 57440 of 2022 BETWEEN:-

HUSAIN S/O FAKRU KHAN, AGED ABOUT 24 YEARS, OCCUPATION: LABOR VILL. GHOSLA TEH. MAHIDPUR (MADHYA PRADESH)

.....PETITIONER (BY SHRI RAHUL SHARMA – ADVOCATE )

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION MAKDON (MADHYA PRADESH)

.....RESPONDENTS ( BY SHRI SANTOSH SINGH THAKUR - GOVT. ADVOCATE)

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This application coming on for admission this day, the court passed the following:

ORDER

Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No. 477/2022 registered at P.S - Makdon, District- Ujjain (M.P.) for commission of offence punishable under Sections 4, 6, 9 of M.P.; Gouwansh Vadh Pratishedh Adhiniyam and section 11(1) (d) of Prevention of Cruelty to Animals.

As per prosecution story, upon receiving information from mukhbir, the police authorities reached the spot and found 7 gauvansh in Signature Not Verified Signed by: AMOL N the vehicle. Thereafter police registered case under section 4, 6, 9 of M.P. Gauvansh Vadh Pratished Adhiniyam & 11(1)(d) of Prevention of cruelty to Animals, against the present applicant.

Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. The alleged offence is exclusively triable by JMFC. All the cattle found in the said vehicle are in helthy condition. Investigation is almost over therefore, no further custodial interrogation of the applicants is required.. Applicant is in custody since 23/11/2022 He is permanent resident of District- Ujjain. . There is no apprehension of their fleeing away from the court of justice. Final conclusion of trial shall take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

Per-contra, learned PL for respondent – State opposes the bail application and prays for its rejection by submitting that six criminal antecedents have been found against the applicant, but he fairly admits that none are related to Gauvansh Vadh Pratishedh Adhiniyam Perused the impugned order of the trial Court, the statements of the witnesses as well as the case dairy.

Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that the alleged offence is exclusively triable by JMF; investigation is almost over therefore, no further custodial interrogation of the applicants is required and possibility of delay in conclusion of the trial cannot be ruled out, in view of the evidence available on record, I Signature Not Verified deem it proper to release the accused / applicants on bail.

Signed by: AMOL N Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on his/her furnishing personal bond in the sum of Rs. 75,000/- (Rs. Seventy Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his/her appearance before the trial Court, as and when required.

He shall abide by all the conditions enumerated u/S. 437(3)

Cr.P.C., It is made clear that if the applicant is again found to be involved in any other offence during the trial, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicant in the present case also. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy, as per Rules.

(ANIL VERMA)

J U D G E amol Signature Not Verified Signed by