IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR

nd

ON THE 22 OF JANUARY, 2026 MISC. CRIMINAL CASE No. 2590 of 2026 MOHIT Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Sachin Parmar advocate for the applicant.

Shri Ayushyaman Choudhary public prosecutor for State.

ORDER

1. This first application has been filed by the applicant under Section 483 of BNSS, 2023 for grant of bail in connection with Crime No. 7/2026, registered at Police Station -Kotwali Shajapur, District Shajapur (M.P.) for offence punishable under Sections 4, 6, 9 of MP Govansh Vadh Pratishedh Adhiniyam and Section 11 of The Prevention of Cruelty to Animals Act.

Applicant is in judicial custody since 4.1.2026.

2. Heard the arguments.

3. Perused the grounds for grant of bail stated in the application and the relevant material on record.

4. Learned counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant is falsely implicated in the alleged offence merely on suspicion. No offence, as alleged, is committed by the applicant.The alleged vehicle was not driven by the applicant. He has been implicated in the matter for the reason that he was sitting in the vehicle. The applicant was not aware of transportation of the cow progeny in the container. The investigation is almost complete. Further custodial interrogation of applicant is not needed in the matter. Applicant has clean past, with family roots. There is no history of evading process of law. There is no likelihood of tampering with evidence by the applicant. Jail incarceration is causing hardship to the young applicant. Applicant is ready to cooperate in the trial. The alleged offence is not heinous or brutal in nature affecting society at large.

5. Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence. However, after going through the case diary, he fairly states that no criminal antecedent is reported against the applicant. Applicant is aged 20 years. He is a labourer by profession.

6. According to the material available on case diary, Dharmendra reported to the Police Station Kotwali Shajapur that he alongwith his friend tried to intercept a container vehicle in the night of 3.1.2026 to verify the information about illegal transportation of cow progeny. The driver of the vehicle tried to escape. The vehicle met with an accident. Driver of the vehicle fled away. Mohit son of Prakash was found sitting in the accidental vehicle. When the container of the vehicle was opened, four cow progeny (calves) were found tied with ropes in cruel condition. Accordingly, the Police Station, Kotwali registered FIR for offence punishable under Sections 4, 6, 9 of MP Govansh Vadh Pratishedh Adhiniyam and Section 11 of The Prevention of Cruelty to Animals Act against Mohit and Vishal Singh. Applicant Mohit was arrested on 4.1.2026. He is in custody ever since. The investigation with regard to applicant is almost complete. However, the final report has not been submitted. The contentions advanced by the applicant have prima facie merit and cannot be dismissed as manifestly baseless. The veracity of prosecution and complicity of the applicant will be determined after evidence in the trial.

7. As informed, the applicant is still dependent on family and survives on occasional labour work. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of any criminal antecedent, considering the socio-economic status of the applicant, there appears to be no likelihood of tampering with evidence or influencing the witnesses by the applicant. The offence is triable by JMFC. There appears to be no compelling reason to continue incarceration of the young applicant. However, the observations, herein-above, are recorded for present application only.

8. Considering the rival contentions and overall circumstances of the case, in the light of aforestated facts, bu