ANUBHAI PITHABHAI SANGADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Leaned APP waives service of notice of rule for and on behalf of the respondent-State.

(2.) The present successive bail application is filed under Sec. 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No. 11821030220571 of 2022 registered with Jhalod Police Station, District Dahod for the offence punishable under Ss. 429, 114 of the IPC and u/s. 11(1) (a)(d)(f) of the Animal Cruelty Act and u/s. 5(1)(A), 6(A)(1),8(4) of the Animal Preservation Act.

(3.) 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.That, earlier the applicant has approached this court by way of Criminal Misc. Application No. 373 of 2023 with a request to release him on bail but vide order dtd. 10/1/2023, he was permitted to withdraw such application with a liberty approach competent court after filing of the charge sheet. That, investigation of the present offence has been completed and the investigating officer has filed charge sheet against the present applicant. Ultimately, it was requested by learned advocate for the applicant to allow present application. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. That, the applicant is involved in the serious offence as alleged and therefore, no leniency view would be taken in favour of the applicant while releasing him on bail. Ultimately, it was submitted by learned APP for the respondent-State to reject present application.