SANDEEP MOUDGIL, J (ORAL)

1. Prayer

This petition has been filed for grant of anticipatory bail under Section 482 BNSS, 2023 in FIR No. 182 dated 15.05.2024, under Section 13(2), 17 of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 and 11 of Prevention of Cruelty to Animals Act, 1960 and 279, 336, 120-B of IPC, registered at Police Station Sadar Nuh, District Nuh, Haryana (Annexure P-1).

2. Prosecution story, set up in the present case as per the version in the FIR reads as under :-

‘To, The Station House Officer, Police Station Sadar Nuh.Jai Hind. Today myself Inspector/Incharge along with fellow employees SI Bacchu Singh No. 80/Nuh, ESI Satbir Singh No. 603/Nuh, HGH Yograj No. 738, HGH Raheesh No. 345, HGH Mahendra Singh No. 582 were on government vehicle bearing registration No. HR27-GV-5892, whose driver is Bijender (Koshal Rojgar) were on patrolling in search of crime were lof7 present at Gurugram Canal Bridge Hodal Nuh Road. The secret informer has met and given information that Sajid son of Nasru resident of Davokar police station Jurheda, Rashid son of Jameel resident of Utawar, Hanif alias Honey son of Ramzan resident of Utawar, Kala alias Wasim son of Islam resident of Kot and Jakam son of Fajju resident of Dhulawat police station Tauru are indulged in the business of cow slaughtering. Today they have loaded cows in a canter vehicle, without number colour red-blue, six tyre load the cattle from somewhere and are transporting the same towards Chuharpur Rajasthan. If the barricading is done at this place, the accused can be nabbed with vehicle and cows. The information has been deemed as true and the persons who are passing through Gurugram Canal Bridge Hodal Nuh Road have been informed and asked them to join the barricading. All the persons have shown their inability and went away without disclosing their name and address. Then I have given information to accompanied employees and took the secret informer alongwith us and started barricading at the said place then after about 5-7 minutes, a canter vehicle color red-blue was seen coming from the Utawar side. As per my instructions, Sub Inspector Bachchu Singh, who was standing about 50 meters before the canal bridge, signaled the driver of the Eicher Canter to stop. On seeing the police party ahead, the driver drove his vehicle at a faster speed. As per my instructions Senior EST Satbir Singh put a barricade in front of the above vehicle-canter from the driver's side, but the canter driver did not stop the canter and drove over the barricade. After this, HGH Yograj who was standing 100 meters ahead, put a barricade in front of the above running vehicle-canter from the conductor's side, but even then, the canter driver did not stop the vehicle and drove over the barricade. The inspector/incharge made his staff sit in a government vehicle and started chasing the fleeing vehicle Eicher Canter. Due to the tyres on both sides of front and rear of the Eicher Canter being damaged and seeing 2 of 7 the police vehicle approaching, they stopped the on the road ahead of Ujina village and 5 persons were seen running away from the vehicle. Three persons ran away from the conductor side i.e. window into the jungle and two persons jumped on the road together from the driver's side. Both the fleeing persons fell on the road. One of them got up and ran into the jungle. I caught hold of the person who had fallen on the road. The other fellow officer tried hard to catch the four fleeing persons but due to the long distance, all four managed to escape from the spot. When I asked the name and address of the person I caught, he told me his name as Sajid son of Nasru resident of Divokar police station Jurheda Rajasthan. The names of his other fleeing companions were Rashid son of Jameel resident of Utawar, Hanif alias Honey son of Ramzan resident of Utawar, Kala alias Wasim son of Islam resident of Kot and Jaikam son of Fajju resident of Dhulavat police station Tauru. The right leg

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