KAYYUM Vs. STATE OF M P

JUDGEMENT

(1.) By this application filed under Section 439 of the Cr.P applicant Kayyum s/o Mehboob Qureshi and .C., Samrath have moved the application for grant of bail being implicated in crime No.118/2013 registered by police station Nangalwadi, Badwani for offence under Sections 4,6,9 of the M.P. Gohatya Pratishodh Adhiniyam, 2004 and u/S 11D Prevention to Cruelty to Animal Act.

(2.) Counsel for the applicant has vehemently urged the fact that it was a case of false implication. Even if the prosecution allegations are considered, Counsel submitted the offence is triable by Magistrate and challan is put up and the applicant is no longer required for further investigation. Counsel submitted that the applicants have been falsely implicated in the matter and they are not named in the FIR. Moreover, Counsel submitted that if at all this is the first offence by the present applicant. Counsel submitted that the applicant has full chance of success in the trial. Hence, Counsel prayed for grant of bail since he has been arrested on 11/2/2014.

(3.) At this juncture, Counsel for the applicant has prayed for withdrawal of the application for grant of bail on behalf of the applicant No.1 Kayum. Counsel for the respondent has no objection. Prayer is accepted. Therefore, the application on behalf of the applicant No. 1 Kayum is hereby dismissed as withdrawn.