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2016 DIGILAW 317 (RAJ)

Kayam Ali v. State

2016-02-24

MAHESH CHANDRA SHARMA

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JUDGMENT : Mahesh Chandra Sharma, J. This bail application has been filed under Section 439 Cr.P.C. 2. Brief facts of the case are that on 6/9/2015 at the instance of SHO PS Sadar Neem Ka Thana, during patrolling and on Nakabandi caught a vehicle No. UP 22 T 6390, in that they found 18 male cows and 15 calves. On that basis, an FIR No.315/2015 has been registered at Sadar Neem Ka Thana, Sikar for the offence under sections 3, 5, 6 and 8 of Rajasthan Bovine Animals (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act 1995 whereupon the investigation was commenced. During the course of investigation, the petitioner was arrested. He moved the bail application before the court below, which was dismissed. Hence, this bail application has been filed. 3. Learned counsel for the petitioner has contended that petitioner has been falsely implicated in the matter. He has no connection with the aforesaid FIR. Investigation has been completed and charge sheet has been filed. Petitioner is in judicial lock up since long and the trial of the case will take time, hence he should be released on bail. 4. Learned PP appearing for the State has opposed the same and submitted that the Police during Nakabandhi caught 18 male cows and 15 calves which were being transported without any permit or license and three calves were also found dead. Hence, petitioner be not released on bail. 5. I have heard learned counsel for the parties and carefully perused the relevant material on record. 6. While deciding the bail application of the petitioner, the trial court has observed as under: "The cruelty towards bovine animals/calves is a very serious offence and thus parliament in its wisdom has made stringent laws for trial before court of sessions and sentence up to 10 years to permit, control and check the menace of cow slaughtering, export, migration etc without due permit and licence. The charges are yet to be framed after committal of case to this court by Ld Trial Court. Having regard to the crucial fact that 3 calves were found dead in transportation in suffocatory manner, without any licence or permit shows the callous harsh and inhumane treatment meted out to bovines/calves which is a serious offence." 7. The charges are yet to be framed after committal of case to this court by Ld Trial Court. Having regard to the crucial fact that 3 calves were found dead in transportation in suffocatory manner, without any licence or permit shows the callous harsh and inhumane treatment meted out to bovines/calves which is a serious offence." 7. Looking to the facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, I do not deem it just and proper to enlarge the petitioner/s on bail. 8. Therefore, this bail application is dismissed. 9. However, the petitioner is free to move the trial court by filing the bail application afresh after the statements of material witnesses. It is also expected from the trial court to conclude the trial as early as possible.