Hon'ble Mr. Justice Manoj Kumar Garg allowed the bail application preferred by two accused persons arrested for offences under the Rajasthan Bovine Animal Protection Act. The court granted bail directing the execution of a personal bond with sureties.
Bail granted on a personal bond of Rs. 1,00,000 each with two sureties of Rs. 50,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 8369/2022
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : | Mr. Om Prakash Choudhary for Mr. |
|---|---|---|
| Rakesh Matoria | ||
| For Respondent(s) | : | Mr. Mahipal Bishnoi,PP |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
02/11/2022
The petitioners have been arrested in connection with FIR No.66/2022 of Police Station Savina, District Udaipur for the offence punishable under Sections 5, 9 of Rajasthan Bovine Animal (Prohibition Of Slaughter And Temporary Migration Or Export Regulation) Act, 1995. They have preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioners submits that both the petitioners are innocent and falsely been implicated in this case. Challan of the case has already been presented. The accusedpetitioners are in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioners.
(2 of 2)
[CRLMB-8369/2022]
Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.
Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioners (1) Dhiraj S/o Kalu Ram & (2) Aslam S/o Shafique Mohd., be released on bail in connection with FIR No.66/2022 of Police Station Savina, District Udaipur provided they execute personal bond in a sum of Rs.1,00,000/each with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(MANOJ KUMAR GARG),J 58-raksha/-
2 issues framed by the court
Whether bail should be granted to the accused petitioners in connection with FIR No.66/2022.
Whether the trial will take sufficient long time to be concluded.
2 provisions across 2 enactments
Dhiraj S/o Kalu Ram
Aslam S/o Shafique Mohd.
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
