Rajasthan High Court

CRLMB/13337/2024 of ANSAR @ RAJA S/O TAHIR HUSSAIN Vs STATE OF RAJASTHAN on 20 December 2024

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JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13337/2024 Ansar @ Raja S/o Tahir Hussain, Aged About 29 Years, R/o Soda Multanpura, P.S. Vayadi Nagar, Distt. Mandsaur M.P. (At Present Accused Petitioner Confined District Jail Sawai Madhopur).

[2024:RJ-JP:52612]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 13337/2024

Ansar @ Raja S/o Tahir Hussain, Aged About 29 Years, R/o SodaMultanpura, P.S. Vayadi Nagar, Distt. Mandsaur M.P. (At PresentAccused Petitioner Confined District Jail Sawai Madhopur).

----Accused-Petitioner

Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) For Respondent(s)

: Mr. Ali Mohammed Khan, Adv.

: Mr. Rajendra Singh Shekhawat, PP

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

20/12/2024

1. The instant bail application has been filed under Section 483BNSS on behalf of the petitioner, who has been arrested inconnection with FIR No.34/2024 registered at Police StationMantown, District Sawai Madhopur (Raj.) for the offencespunishable under Sections 3, 5, 6, 8 of Rajasthan Bovine Animal(Prohibition of Slaughter and Regulation of Temporary Migration orExport) Act, 1995 and Section 11(1)(d) of Prevention of Cruelty toAnimals Act, 1960.

2. It is contended by learned counsel for the petitioner that theaccused-petitioner has falsely been implicated in this case.Learned counsel submits that the petitioner is not named in theFIR. Learned counsel further submits that charge-sheet hasalready been filed and trial of the case will take considerable time.Learned counsel contends that the petitioner is in custody since 05.10.2024 and further custody of the petitioner would not serveany fruitful purpose.

3. Learned Public Prosecutor opposes the submissions made bythe counsel for the petitioner. He submits that nine other caseshave been registered against the petitioner. At this stage, learnedcounsel for the petitioner submits that in three cases he has beenacquitted by the learned trial Court.

4. I have considered the contentions.

5. Having regard to the totality of the facts and circumstancesof the case; considering the arguments advanced by learnedcounsel for the petitioner, especially the fact that charge-sheet hasbeen filed and trial will take time in its conclusion as well aslooking to the custody period, but without commenting anythingon the merits/demerits of the case, I deem it proper to allow thebail application.

6. This bail application is accordingly allowed and it is directedthat accused-petitioner Ansar @ Raja S/o Tahir Hussain shallbe released on bail provided he furnishes a personal bond in thesum of Rs.50,000/- (Rupees Fifty Thousand Only) together withtwo sureties in the sum of Rs.25,000/- (Rupees Twenty FiveThousand Only) each to the satisfaction of the learned Trial Courtwith the stipulation that he shall appear before that Court and anycourt to which the matter is transferred, on all subsequent datesof hearing and as and when called upon to do so.

7. It is made clear that the accused-petitioner shall not involvein any other offence(s) during currency of the bail and he shall mark his presence in first week of every month in the concernedpolice station, till trial is concluded.

8. Concerned SHO is directed to maintain a register recordingthe attendance of the petitioner, as directed above. In case thepetitioner fails to mark his presence in the concerned policestation, as directed above, the concerned SHO is directed toimmediately report the matter to the concerned Court in thisregard.

9. If any breach of these conditions is reported or come to thenotice of the Court, the same shall alone be a reason for the trialcourt to cancel the bail granted to him by this Court.

(ANIL KUMAR UPMAN),J

MADAN/S-603

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