BABULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application under Sec. 438 of Criminal Procedure Code, 1973, filed by the applicant for grant of anticipatory bail during trial in connection with Crime No.07/2022 registered at Police Station- Jaora City, Jaora District- Ratlam concerning offence under Ss. 4, 6, 9 of MP Govansh Vadh Pratishedh Adhiniyam, and Sec. 4, 6 10 of M.P. Krishi Upyogi Pashu Sanrakshan Adhiniyam and Sec. 11(D) of the Prevention of Cruelty to Animal Act and Ss. 419, 482, 468, 471 and 473 of IPC.

(2.) As per prosecution story, the police has recovered 63 govansh from the vehicle and out of which 9 were found dead. Hence, the police has registered the case against co-accused Mubarik and the applicant is implicated in the matter on the basis of statement of co-accused Mubarik recorded under Sec. 27 of Evidence Act.

(3.) Learned counsel for the applicant submits that the identically placed co-accused Ansar @ Raja has been granted anticipatory bail. The present case is identical to the case of the co-accused. He further submitted that the applicant is innocent and has been implicated in the present crime on the basis of statement of co-accused persons recorded under Sec. 27 of Evidence Act. Nothing has been seized from the possession of the present applicant. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.