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[2025:RJ-JP:38131] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 11424/2025
1. Yusuf S/o Munshi, R/o Botal Ganj, P.s. Piplya Mandi, Distt. Mandsaur, Madhya Pradesh. (At Present Accused Petitioner Is Confined District/ Sub Jail Malpura)
2. Israyal S/o Salamuddin, R/o Botal Ganj, P.s. Piplya Mandi, Distt. Mandsaur, Madhya Pradesh. (At Present Accused Petitioner Is Confined District/ Sub Jail Malpura) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vijendra Yadav, Adv. For Respondent(s) : Mr. Shree Ram Dhakar, PP8 HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order 18/09/2025
1. The instant second bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioners. The accused-petitioners have been arrested in connection with FIR No.127/2024, registered at Police Station Pachewar, District Tonk, for the offence(s) under Sections 3, 5, 6 and 8 of Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration of Export) Act, 1995 and Section 11(1)(d) of the Prevention of Cruelty to Animal Act, 1960.
2.
Learned counsel for the petitioners submit that the accused- petitioners have falsely been implicated in this case. It is contended that petitioner- Yusuf is in custody since 01.10.2024 and petitioner- Israyal is in custody since 10.11.2024. The first
[2025:RJ-JP:38131] (2 of 3) [CRLMB-11424/2025] bail application of the accused-petitioners was dismissed by this Court vide order dated 20.03.2025 and thereafter, statements of only 3 witnesses have been recorded out of total 17 cited witnesses. It is also contended that minimum punishment provided under Section 8 of the Bovine Animal Act is one year and the petitioners have undergone almost one year of incarceration, the further trial of the case may take considerable time, therefore, considering the long incarceration, the petitioners may be released on bail.
3. Learned Public Prosecutor has vehemently opposed the grant of bail application. It is contended that the petitioners bail application was dismissed by this Court on merits vide order dated
20.03.2025. Thereafter, the trial Court has proceeded with the trial and recorded statements of 3 witnesses uptill 18.08.2025. It is further contended that the accused-petitioners are a habitual offender and against them various cases of transporting bovine animals interstate are also registered and if the petitioners are enlarged on bail then there may be possibility that they may not turn up during trial and may again involve in commission of such offences, therefore, the bail application of the accused-petitioners may be dismissed.
4. Heard and perused the material available on record.
5. It is not desirable to express anything on the merits of the case. The first bail application of the petitioners were dismissed on merits by this Court vide order dated 20.03.2025. Considering the role of the petitioners and the fact that petitioners are habitual offender and fact regarding their conduct was recorded in the
order dated 20.03.2025. The allegation against the petitioners are
[2025:RJ-JP:38131] (3 of 3) [CRLMB-11424/2025] of illegally transporting 15 Bovine Animals in a vehicle from which one carcass was also found and it was also alleged that they were transporting the Bovine Animals from Rajasthan to Madhya Pradesh with an intention of slaughtering them without any valid permit, therefore, considering the above situation this Court is not inclined to enlarge the accused-petitioners on bail.
6. Accordingly, the instant bail application filed by the accused- petitioners is hereby dismissed. The learned Trial Court is directed to proceed with the trial expeditiously.
(PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-12