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[Cites 8, Cited by 0]

Madhya Pradesh High Court

Sheru vs The State Of Madhya Pradesh on 6 August, 2025

Author: Subodh Abhyankar

Bench: Subodh Abhyankar

         NEUTRAL CITATION NO. 2025:MPHC-IND:20935




                                                                1                          MCRC-30451-2025
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        BEFORE
                                       HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                                   ON THE 6 th OF AUGUST, 2025
                                            MISC. CRIMINAL CASE No. 30451 of 2025
                                                           RIZWAN
                                                            Versus
                                                THE STATE OF MADHYA PRADESH
                           Appearance:
                                   Dr. Khuzema Kapadia - Advocate for the applicant.
                                   Shri Vishal Singh Panwar- G.A. for the State.
                                                                    WITH
                                            MISC. CRIMINAL CASE No. 29824 of 2025
                                                            SHERU
                                                            Versus
                                                THE STATE OF MADHYA PRADESH
                           Appearance:
                              Shri Harshwardhan Pathak- Advocate for the applicant.
                              Shri Vishal Singh Panwar- G.A. for the State.

                                                                    ORDER

1] They are heard. Perused the case diary / challan papers.

2] This order shall govern the disposal of both the applications they have arisen out of the same Crime No.197 of 2025 registered at Police Station Y.D. Nagar, District Mandsaur.

3] Both these applications are the first bail applications filed by applicants under Section 483 of B.N.S.S./439 of Cr.P.C. as they are implicated in connection with Crime No.197/2025 registered at Police Station Y.D. Nagar, District Signature Not Verified Signed by: BAHAR CHAWLA Signing time: 06-08-2025 17:13:39 NEUTRAL CITATION NO. 2025:MPHC-IND:20935 2 MCRC-30451-2025 Mandsaur (MP) for offence punishable under Sections 4, 6(a), 6(b)/9 of the M.P. Govansh Vadh Pratished Adhiniyam, 2004, Sections 4, 6, 6(a), 6(b), 6(b)(1), 10, 11 of M.P. Krishak Upyogi Pashu Parikshan Adhiniyam and Section 11(d) of Prevention of Animals from cruelty Act, 1960. The applicants are in custody since 24.06.2025 and 18.06.2025 respectively.

4] It is alleged that a vehicle, Bolero pick-up was apprehended by the Police, due to which, the accused persons ran away from the spot, and it was found that in the said vehicle six cow progeny were crammed and were being transported. The date of incident is stated to be 17.05.2025, whereas, the applicant Rizwan has been arrested on 24.06.2025 and applicant Sheru has been arrested on 18.06.2025.

5] Counsel for the applicants have submitted that admittedly, the applicants were not arrested on the spot, and only on account of their criminal antecedents, their memo have been obtained, and a false has been registered against them. Thus, it is submitted that the applications may be allowed. 6] Counsel for the respondent/State, on the other hand, has opposed the prayer, and it is submitted that the vehicle was apprehended on a tip received by the Police, in which, names of both the applicants were mentioned. Thus, it is submitted that no case for interference is made out, as against Rizwan, three cases of the same nature have been registered, and against Sheru, thirteen cases of the same nature, and one case under the IPC has also been registered. 7] Having considered the rival submissions, on perusal of the case-diary and considering the fact that the applicants were not arrested on the spot, and there is no other material available to connect them with the cows seized, in such circumstances, this Court is inclined to allow the present applications. 8] Accordingly, without commenting anything on merits of the matter, both Signature Not Verified Signed by: BAHAR CHAWLA Signing time: 06-08-2025 17:13:39 NEUTRAL CITATION NO. 2025:MPHC-IND:20935 3 MCRC-30451-2025 the applications for grant of bail are allowed. The applicants are directed to be released on bail upon their furnishing a personal bond in the sum of Rs.25,000/- (Rupees twenty Five Thousand) each with separate solvent surety in the like amount to the satisfaction of the Trial Court for their appearance, as and when directed and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

                             9]    M.Cr.C. stands allowed and disposed of.
                                   C.c. as per rules.



                                                                             (SUBODH ABHYANKAR)
                                                                                    JUDGE

                           Bahar




Signature Not Verified
Signed by: BAHAR CHAWLA
Signing time: 06-08-2025
17:13:39