RUSTOMBHAI MAHAMMADBHAI MODHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.11199039200291 of 2020 registered with Palej Police Station, District: Bharuch for the offences punishable under Sections 3 and 11(F)(G)(H) of the Prevention of Cruelty to Animal Act and Sections 5, 6 and 8 of the Animal Preservation Act, 1954 and Section 10 of the Gujarat Animal Preservation Act.

(2.) Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.

(3.) Learned Additional Public Prosecutor has objected the submissions made by learned advocate for the applicant and submitted that as per the affidavit of the Investigating Officer before the learned Trial Court, one another offence of similar nature is registered in the year 2019 against present applicant. That two bullocks were tied in open place for the purpose of slaughter. The complainant alongwith police party left the place of information along with two persons to act as Panchas and upon reaching the place of information, they found two bullocks and one person was present near the bullocks who identified himself as Rustombhai Mohammadbahi Modhi, residence of Navinagri, Village-Parkhet and both the bullocks were found tied by their neck as well as leg by a short rope for the purpose of slaughter. Prima facie, presence of the present applicant is clearly made out by the prosecution and investigation is under progress, and therefore, learned APP for the respondent-State has requested to dismiss present application.