[1] SB CRIM. MISC. BAIL 7867/2016

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

O R D E R

S.B. CRIMINAL MISC. BAIL APPLICATION NO.7867/2016

MUKESH VS. STATE OF RAJASTHAN

DATE:15.07.2016

HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Mr. K.S. Sisodiya, for the petitioner.

Mr. N.S. Hada, Public Prosecutor for the State.

*****

Present bail application has been filed under Section 439 Cr.P.C.

for grant of regular bail to the petitioner in a case arising out of FIR

No.19/2016, registered at Police Station Unhel, District Jhalawar for the

offences under Sections 3, 5, 6, 8 and 9 of the Rajasthan Bovine Animal

(Prohibition of Slaughter And Regulation of Temporary Migration or Export)

Act, 1995.

Counsel for the petitioner has submitted that as per the

prosecution story, the petitioner and co-accused were transporting 14 cows

and one dead calf. Counsel for the petitioner has contended that the

coordinate Bench of this Court on 03.06.2016 vide S.B. Criminal Misc. Bail

Application No.6291/2016 has granted bail to co-accused Vikram Singh. The

order granting bail to the co-accused of the petitioner reads as under:-

“Petitioner has filed this petition under Section 439 Code of

Criminal Procedure 1973 seeking regular bail in F.I.R. No. 19/2016

registered at Police Station Unhail, Distt. Jhalawar for offence under

Sections 5, 6, 8 and 9 of Rajasthan Bovine Animal (Prohibition of

Slaughter and Regulation of Temporary Migration or Export) Act,

1995

Prosecution story in brief is that the petitioner and his co-

accused were transporting 14 cows and one dead calf.

Learned counsel for the petitioner has submitted that the

petitioner was involved in other 11 criminal cases. However, he has

been acquitted in 7 cases and is on bail in the remaining cases.

Petitioner is in custody since 23.4.2016..

Learned State Counsel on the other hand has opposed the

petition.

[2] SB CRIM. MISC. BAIL 7867/2016

Keeping in view the facts and circumstances of the present

case, it would be just and expedient to order release of the

petitioner on bail.

Accordingly, without expressing any opinion on the merits of

the case, this petition is allowed. Petitioner be admitted to bail

subject to satisfaction of the Area Magistrate/Trial Court.”

Counsel for the petitioner submits that besides this case, the

petitioner is involved in only one case.

Taking into consideration the fact of granting bail to the co-

accused of the petitioner, the present petition deserves to be accepted on the

ground of parity.

Consequently, the present application is accepted on the ground

of parity and the petitioner is ordered to be released on bail during the

pendency of the trial to the satisfaction of the trial Court.

(KANWALJIT SINGH AHLUWALIA),J.

/KKC/