RAFIK ALLARAKHA KURESH @ SHEKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with FIR being C.R. No.11824006210602 of 2021 registered with Uchchhal Police Station, for offences punishable under Sec. 6(b)(1)(2)(3), 8(4) and 10 of the Animal Preservation Act.

(2.) Mr. Jaydeep H.Sindhi, learned advocate for the applicant submitted that, the present applicant is only a labourer and he transported the alleged article under the instructions of the co-accused, who has been granted anticipatory bail. He submits that the applicant was only transporting the alleged beef and he had no such criminal intention to commit such offence. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

(3.) Mr. J.K. Shah, learned Additional Public Prosecutor, relying on the report of the police subinspector, Uchchhal Police Station submitted that, the present applicant was found driving Passion-Pro Motorcycle No.GJ-05-BH-0878, and it was under his conscious possession. He submits that he was found with 40 kgs. beef kept in the 50 small black colour plastic bags, which were in two plastic bags. Mr. Shah stated that the present applicant along with the plastic bags and vehicle was found and therefore it was within his knowledge and intention, the offence has been committed. He submits that during the course of judicial custody, the present applicant had run away from sub-jail, Uchchhal and therefore the case has been registered on 29/9/2021 under sec. 224 of IPC. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.