MAHESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicant has filed this first bail application under Sec. 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail relating to Crime No.892/2022 registered at P.S., Sendhwa Rural, District Barwani (M.P.) for commission of offence punishable under Sec. 34(2) of M.P. Excise Act, 4, 6, 9 of M.P.Govansh Vadh Pratishedh Adhiniyam and 11D of Prevention of Cruelty to Animals Act and under Sec. 6A, 6B(1), 10 of Krishik Pashu Parirakshan Act.

(2.) As per prosecution story, on 2/12/2022 Police has received information that one loading vehicle would be coming from Sendhwa side loaded with illegally cow dynasty. After some time a vehicle was seen coming. The driver stopped the vehicle and fled away. On search total 34 cows and bulls were illegally loaded and two plastic cans containing 70 bulk litres of hand made liquor was recovered. Accordingly, a case has been registered.

(3.) Learned counsel for the applicant submits that applicant is innocent and being driver of the vehicle, he has been falsely implicated in this matter, but nothing has been recovered from his possession. The applicant is in jail since 10/5/2023. Investigation is over and charge sheet has been filed and no further custodial interrogation is required. He is a permanent resident of District Mandsaur. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.