Madhya Pradesh High Court
MCRC/9720/2015 of RAFIQ Vs THE STATE OF MADHYA PRADESH on 31 December 2015
Of 2015 31.12.2015 Shri Vivek Singh, learned counsel for the
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Arguments
31.12.2015
Shri Vivek Singh, learned counsel for the applicants.
Shri Romesh Dave, learned Dy. GA for the respondent/State.
This is first application under Section 439 of Cr.P.C. Theapplicants have been arrested in Crime No.209/2015 registered atPolice Station, Sendhwa Gramin, District Barwani, for the offencepunishable under Sections 4,6, 6-A/9 of M.P.Govansh VadhPratishedh Adhiniyam, 2004 and Section 11(d) of Animal Cruelty Act.
It is alleged that applicants were found carrying 26 cows forthe purpose of slaughtering to the State of Maharashtra.
Learned counsel for the applicants submit that applicants havenot committed any offence. They have falsely been implicated.Applicants are under custody since 31/08/15. Charge-sheet hasbeen filed. Conclusion of trial likely to take time, hence, prayed forbail.
The prayer is opposed by learned Dy. GA for therespondent/State.
Case-diary perused.
Keeping in view the allegation against the applicants coupledwith the fact that charge-sheet has been filed, applicants are undercustody for about four months, but without commenting anything onthe merits of the case, the application is allowed. It is directed thatthe applicants shall be released on bail on their furnishing personalbond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) withseparate sureties in the like amount to the satisfaction of Trial Court.
This order will remain operative subject to compliance of thefollowing conditions by the applicants :-
1. The applicants will comply with all the terms and conditions of the bond executed by them;bond executed by them;
2. The applicants will cooperate in the investigation/trial, as the case may be;be;
3. The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be; threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicants shall not commit an offence similar to the offence of which they are accused;
5. The applicants will not seek unnecessary adjournments during the trial; andand
6. The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the Court concerned forcompliance.
C.c. as per rules.
(D.K.Paliwal) Vacation Judge
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