LAWS(GJH)-2021-4-264

NAVGHANHAI @ MOHAN KANTIBHAI SOLANKI Vs. STATE OF GUJARAT

Decided On April 26, 2021
Navghanhai @ Mohan Kantibhai Solanki Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Heard the learned advocates for the respective parties through video conferencing.

(2.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in connection with an FIR being C.R.No.11211016200593 of 2020 registered with Dhrangadhra Taluka Town Police Station, Dist. Surendranagar for the offences punishable under Sections 5(1)(1-A), 6(B)(1), 8(2), 8(4) of the Gujarat Animal Preservation (Amendment) Act 2011 and under Section 11(1-L) of the Prevention of Cruelty to Animals Act, 1960.

(3.) The case of the prosecution in brief is that the complainant is serving as a Sarpanch of the village and on 18.12.2020, the first informant came to know that opposite to the river, some people found head of a calf. Upon hearing, the first informant went to the scene of offence at around 4.00 p.m. and came to know that the applicant no.1 namely, Navghanbhai was residing nearby where the head of the calf was found. Further, they found out a knife which was belonging to the applicant no.1. Further, one Dashrathbhai Karnabhai Kori said that on 17.12.2020 at around 5.00 p.m. he saw that the applicant no.1 and the applicant no.2 were fighting verbally abusing each other and also saw the said head lying in front of them. Therefore, the first informant lodged an FIR relying upon one Dashrathbhai's statement against the present applicants.