MOHAMMED SHAKEEL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This second bail application has been filed under Sec. 439 Cr.P.C. by the petitioner in FIR No. 38/2012 registered at Police Station Khatushyamji, District Sikar for the offence under Secs. 5 and 10 of the Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995. The petitioner is in judicial custody since 24.3.2012. The petitioner filed S.B. Criminal Misc. Bail Application No. 3496 of 2012 before this court and the same was rejected by this court on 11.4.2012 and liberty was granted to the petitioner to file bail application after filing of the challan. After filing of the challan the petitioner moved bail application before the Sessions Judge, Sikar which was rejected on 30.5.2012. While rejecting the bail application the Sessions Judge observed as under:

(2.) The learned counsel for the petitioner has contended that the accused petitioner is in custody since 24.3.2012. The learned counsel for the petitioner has contended that the accused petitioner has been falsely implicated in the case and he has nothing to do with the offence for which charge sheet has been filed against him and he should be released on bail.

(3.) On the other hand, Mr. Pradeep Shrimal, Public Prosecutor appearing for the State has contended that no new circumstance has been changed and only charge sheet has been filed. Looking to the challan papers filed with the bail application prima facie the accused petitioner has committed the offence. He has further contended that the offences with which the accused petitioner is charged are increasing day by day in the State of Rajasthan and in order to curb such types of offences, the offenders should not be released at this stage. I have heard the learned counsel for the parties and have also gone through the charge sheet and the order passed by the Sessions Judge. It is a fact that the offence with which the accused petitioner is charged is increasing day by day in the State of Rajasthan. The cows are exported from the State of Rajasthan for slaughtering in other States. Ghee comes exclusively only from cows from whom flow offerings of milk and milk products. Thus cows verily established the purity of all sacred rituals and constitute the very essence of performing all sacred activities being the very source of sacred activities. Cows are equivalent to our mothers for the when the mothers milk has dried up the cow gives her milk unselfishly to nourish and strengthen us. How can one who has ever drunk cows milk justify the killing and eating of such a mother as the sacred cow. Cows urine, milk, and dung used as medicines in Ayurved and Medical Science. The allegation against the accused petitioner is that he with the help of other persons tried to load cows in the truck in order to take them to UP for slaughtering, which is an offence under sections 5 /10 of Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995. I do not think it proper to accept the second bail application of the accused petitioner and the same is hereby dismissed. However, the trial court is expected to conclude the trial as early as possible within a period of six months.