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Madhya Pradesh High Court · body

2014 DIGILAW 539 (MP)

Kayyum v. State of M. P.

2014-05-06

S.R.WAGHMARE

body2014
ORDER 1. By this application filed under section 439 of the CrPC, applicant Kayyum S/o Mehboob Qureshi and Samrath have moved the application for grant of bail being implicated in crime No.118/2013 registered by police station Nangalwadi, Badwani for offence under sections 4, 6, 9 of the M.P. Gohatya Pratishedh Adhiniyam, 2004 and under section 11D Prevention to Cruelty to Animal Act. 2. Counsel for the applicant has vehemently urged the fact that it was a case of false implication. Even if the prosecution allegations are considered, counsel submitted the offence is triable by Magistrate and challan is put up and the applicant is no longer required for further investigation. Counsel submitted that the applicants have been falsely implicated in the matter and they are not named in the FIR. Moreover, counsel submitted that if at all this is the first offence by the present applicant. Counsel submitted that the applicant has full chance of success in the trial. Hence, counsel prayed for grant of bail since he has been arrested on 11.2.2014. 3. Counsel for the respondent/State, on the other hand, has opposed the submission of the counsel for the applicants. He has submitted that the applicant No.1 Kayum was the owner of the truck in which 47 cattle were being transported for slaughter and four cattle were found in dead condition. Hence, counsel prayed for dismissal of the application. 4. At this juncture, counsel for the applicant has prayed for withdrawal of the application for grant of bail on behalf of the applicant No.1 Kayum. Counsel for the respondent has no objection. Prayer is accepted. Therefore, the application on behalf of the applicant No.1 Kayum is hereby dismissed as withdrawn. 5. On considering the application on behalf of the applicant No.2 Samrath is concerned, looking to the nature of allegations and materials in the case diary, I find that it is a fit case for grant of bail to him only. The application is, therefore, allowed. 6. It is ordered that applicant No.2 Samrath only be released on bail on his furnishinga personal bond for a sum of Rs.25,000/­ (Rupees Twenty five thousand only) with one surety of the like amount to the satisfaction of the trial Court for his appearance before the concerned trial Court on all dates of hearing as may be fixed by the trial Court in this behalf during the pendency of trial. 7. 7. It is further directed that he shall also mark his presence in the concerned police station on the first Sunday of every month between 10.00 a.m. to 12.00 noon during pendency of the trial. Any default in attendance in Court and marking presence in the concerned police station, would result in cancellation of bail granted by this Court thereby entitling the police to take the applicant in custody immediately. 8. It is also directed that the applicant shall abide by all the conditions enumerated under section 437(3) of the CrPC.