SUFIYAN BILAL DAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed by the applicants to get anticipatory bail under sec. 438 of the Criminal Procedure Code in connection with the FIR registered videC.R.No.11207002220364 of 2022 at dtd. 13/8/2022 registered at the 'B' Division Police Station, Godhara City for the offences punishable under Ss. 5,6(b), 8(2), 8(4) and 10 of the Gujarat Animal Preservation (Amendment) Act, 2011 and U/s 11(1)(d), 11(1)(d), 11(1)(e), 11(f) of the Animal Cruelty Act and U/s 429 of the Indian Penal Code , 1860 and U/s 119 of the Gujarat Police Act.

(2.) The case of the prosecution is that one Shri Virendrasinh Prajapati head Constable of the "B" Division Police Station Godhara had lodge the complaint stating that PSI Shri A.J.Tadavi had received secret information that in the open plot behind Mariam Masjid, Vejalpur Road beneath the trees, one shri Bilal Abdulrab and his sons Yakoob Bilal and Sufiyan Bilal are indulged in cutting the animals. Therefore, a raid was carried out and have seen that some persons were found in slaughtering the animals at the above stated place, therefore, they tried to catch them. However, seeing police they ran away, however, one Shri Bilal Dav who tried to run-away, however, one Shri Bilal Dav who tried to run-away on motor cycle No. GJ-12-CR-1341 but was caught by the police. The Police had recovered 160 Kgs mutton, one axe, big knifes, the small wooden table for mutton cutting and one mobile phone ect. It is alleged in the complaint that , at the place of incident, the mob was gathered therefore, in the interest of law and order, the accused and muddamal was shifted to the police station. With these sorts of allegations, FIR Came to be filed against the present applicants.

(3.) Learned Senior Advocate Mr.M.H.M.Shaikh appearing for the applicants submitted that as per the secret information, one Shri Bilal and his two sons i.e. the applicants were cutting the animal at the place of information. However, at the scene of offence when raid was carried out, neither complainant nor the father of the applicants or any witness had disclosed that the persons ray away from the scne scene of offence were Sufiyan and Yakub. It is further submitted that applicants were never indulged in animal slaughtering business at any point of time. In fact, the applicant No.1 is doing a business of Electrical goods in the nameof and style of Sufiyan Trader" at the main Bazar of the Godhara. It is further submitted that Bilal has been enlarged on regular by this Court vide Criminal Misc. Application No. 20982 of 2022 on 2/12/2022. It is further submitted that when the father of applicants was taken to police station, at about 06:15 am from Masjid on 13/8/2022, after returning from prayer, a story of secret information and raid and nabbing the father of applicants was lodged at 12:15 pm. He has further submitted that applicants are innocent persons and they have not committed any offence as alleged in the complaint.