Madhya Pradesh High Court
Dashrath Gond vs The State Of Madhya Pradesh on 27 February, 2021
Author: Mohammed Fahim Anwar
Bench: Mohammed Fahim Anwar
1 MCRC-9300-2021
The High Court Of Madhya Pradesh
MCRC-9300-2021
(DASHRATH GOND AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 27-02-2021
Shri Rakesh Kumar Tiwari, learned counsel for the applicant.
Shri Atul Dwivedi, learned PL for the respondent/State.
Shri Y.K. Dhande, learned counsel for objector. Heard.
Case diary is available with the learned Panel Lawyer.
T his is the first bail application under Section 439 of Cr.P.C in connection with Crime No.71/2021 registered at Police Station Patan, District Jabalpur, for the offence under Sections 4, 6, 9, M.P. Govansh Vadh Prateshedh Adhiniyam, 2004 and Section 11 (gha), Prevention of Cruelty to Animals Act, 1960.
The case of the prosecution is that, on 04.02.2021 an information was received from the informant that the applicants along with one other co- accused were taking about 300 cattle (belongs to Govansh) in a cruel manner from Damoh to Mandla for the purposes of slaughtering them. The police intercepted them at Village Sakraghat, under the jurisdiction of Police Station Patan and were taken into custody. On interrogation, applicants have admitted that they were not having any transit pass, which is required for traveling from one District to other. On that basis, aforementioned crime has been registered against the applicants.
Learned counsel for the applicants submits that the applicants are innocent persons and have falsely been implicated in the crime. It is also submitted that the applicants are ready to furnish bail as per the order and abide with all conditions as may be imposed by the Court. He further submits that the applicants are in jail since 05.02.2021 and the trial will take long time for its final disposal. On these grounds, learned counsel for the applicants prays for grant of bail to the applicants.
Signature Not Verified SANPer-contra, learned counsel for the respondent-State as well as learned Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2021.02.27 17:16:56 IST 2 MCRC-9300-2021 counsel for the objector have vehemently opposed the bail application and submitted that the cattle were taken with cruelty. The applicants were also not having any transit pass which is required under Rule-3 of the M.P. Govansh Vadh Pratishedh Adhiniyam, 2012.
Applicants no.1 to 3 are young youth persons and applicant no.4 is aged about 65 years. They are in custody since 05.02.2021.
Keeping in view the facts and circumstances of the case in their entirety, particularly the facts as pointed out by the learned counsel for the applicants, period of their detention and also looking to the exigency of Covid-19 disease, in the opinion of this Court, the applicants deserves to be released on bail.
Consequently, this first application for bail under section 439 of the Code of Criminal Procedure filed on behalf of applicants, is allowed.
It is directed that the applicants shall be released on bail on furnishing a personal bond in the sum of Rs.30,000/- with one solvent surety in the same amount each to the satisfaction of the trial Court for their appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure.
I n view of the spread of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to COVID-19 before releasing the applicant.
Certified Copy as per rules.
(MOHD. FAHIM ANWAR) JUDGE taj Signature Not Verified SAN Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2021.02.27 17:16:56 IST