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2016 DIGILAW 120 (RAJ)

Mehardeen v. State of Rajasthan

2016-01-19

MAHESH CHANDRA SHARMA

body2016
JUDGMENT : Mahesh Chandra Sharma, J. This bail application has been filed by the accused petitioner under Section 439 Cr.P.C. 2. Brief facts of the case are the on 27.10.2015 the complainant Pappu Singh submitted a written report against unknown persons. On the basis of the aforesaid written report, an F.I.R. No. 234/2015 was registered at Police Station Virat Nagar, District Jaipur for the offence under Sections 5 and 8 of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 ('Act of 1995' for short hereinafter). Investigation ms commenced. During the course of investigation, the accused petitioner was arrested. Thereafter, the accused petitioner moved bail application before the Court of learned Addl. District and Sessions Judge, Shahpura, District Jaipur, which was dismissed on 9.12.2015. Hence this bail application before this Court. 3. Counsel for the accused petitioner has submitted that the petitioner has falsely been implicated in the instant case, as he has nothing to do with the alleged incident, investigation of the case is likely to take considerable time. Counsel has further submitted that the accused petitioner is in judicial custody since long, trial of the case is likely to take long time, the offence alleged to have been committed by the accused petitioner is not punishable with death sentence or life imprisonment and nothing has to be further investigated from the accused Petitioner. Thus the accused petitioner be released on bail under Section 439 Cr.P.C. 4. Learned Public Prosecutor has opposed the bail application of the accused petitioner. Learned Public Prosecutor has further submitted that on the information received by the complainant Pappu Singh on telephone at 2:30 A.M, who was posted as ASI, Police Station Virat Nagar, District Jaipur Rural, on checking found that one truck was coming from Sothana Mod and Pawta, which was loaded by the cows and caves. He gave indication to the driver of the truck or stopping the truck. After seeing the dress of police, the accused petitioner an away inside the shrubs. Learned Public Prosecutor has further submitted that hereafter the complainant searched the truck and found therein 21 cows and 8 Calves inside there, whose legs and mouths were tied off from the ropes, earned Public Prosecutor has further submitted before the Court that such type of offences are repeatedly increasing in Rajasthan particularly in District Alwar. Learned Public Prosecutor has further submitted that hereafter the complainant searched the truck and found therein 21 cows and 8 Calves inside there, whose legs and mouths were tied off from the ropes, earned Public Prosecutor has further submitted before the Court that such type of offences are repeatedly increasing in Rajasthan particularly in District Alwar. Thus, for preventing such type of offences in District Alwar, necessary directions be issued to the Superintendent of Police, Alwar in this regard. 5. Looking to the facts of the case, the material made available to me and so the fact that such types of offences are repeatedly increasing in Rajasthan particularly in Alwar District, at this stage it is not a fit case where the accused petitioner can be granted indulgence of bail under Section 439 Cr.P.C. However, I am in agreement with the observations/directions issued by the learned Court below on 9.12.2015, the relevant portion of which is reproduced hereunder: ^^bl izdj.k esa laf{kIr rF; bl izdkj gSa fd ifjoknh iIiw flag us ,d fjiksVZ iqfyl Fkkuk fojkVuxj esa bl vk'k; dh ntZ djkbZ fd vkt fnukad 27-10-2015 dks tfj;s VsyhQksu le; 2-30 ,0,e0 ij lwpuk feyh fd lksBkuk eksM+ o ikoVk dh rjQ ls ,d V~d xk;ksa ls Hkjk gqvk vk jgk gSaA izkIr lwpuk ij tc igqaps rks mDr V~d vkrk gqvk fn[kkbZ fn;k] iqfyl dh onhZ ns[kdj M~kbZoj igys xkM+h jksddj >kfM+;ksa esa Hkkx x;kA xkM+h dks [kqyokdj pSd fd;k rks mlesa 21 xk;sa o 8 cNM+s Hkjh gqbZ Fkh] lHkh dks eqag o iSjksa dks jLlh ls cka/kdj j[kk x;k FkkA mDr fjiksVZ ds vk/kkj ij Fkkuk fojkVuxj us ,Q0vkbZ0vkj0 uacj 234@15 vUrxZr /kkjk 5] 8 jktLFkku xksoa'kh; izfr"ks/kk vkSj vLFkk;h izotu vf/kfu;e dk ntZ fd;kA bl izdj.k esa izkFkhZ@vfHk;qDr ds }kjk 29 xk;ksa] cNM+ksa dks V~d esa iSj cka/kdj funZ;rkiwoZd ifjogu djrs gq, ik;k x;kA bl izdkj ls izkFkh@vfHk;qDr dk ;g vijk/k xksoa'k ds izfr ,d xaHkhj izd`fr dk vijk/k gS] ftlesa izkFkh@vfHk;qDr dks tekur dk ykHk fn;k tkuk U;k;ksfpr izrhr ugha gksrk gSA** 6. The bail application filed by the accused petitioner under Section 439 Cr.P.C. is accordingly dismissed. 7. However, in the interest of justice and also for preventing such types of incidents in District Alwar is directed to monitor the same and submit the report before the Director General of Police, Rajasthan. 8. The bail application filed by the accused petitioner under Section 439 Cr.P.C. is accordingly dismissed. 7. However, in the interest of justice and also for preventing such types of incidents in District Alwar is directed to monitor the same and submit the report before the Director General of Police, Rajasthan. 8. The Deputy Registrar (Judicial) of the Rajasthan High Court Bench at Jaipur is directed to send a copy of this order to the Superintendent of Police, Alwar for compliance and necessary action.