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CRM-M-16600-2025 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 226 CRM-M-16600-2025 (O&M) Date of Decision:- 21.04.2025 SAMIR AND ANOTHER ....Petitioner(s) Versus STATE OF PUNJAB ...Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present : Mr. Bhavesh Aggarwal, Advocate for the petitioners. Mr. Rajinder Singh Bhatta, DAG Punjab. Mr. Vishavjeet Singh, Advocate for the complainant. ***** SANJIV BERRY, J. (ORAL)
1. Status report dated 14.04.2025 filed in the form of an affidavit of Assistant Commissioner of Police, (East) Ludhiana, is taken on record. Copy thereof has been supplied to learned counsel for the petitioners.
2.
Arguments heard.
3. By way of present petition filed under Section 482 BNSS, petitioners seek anticipatory bail in case FIR (Annexure P-1) as under:
FIR No. Dated Sections Police Station 33 09.03.2025 299, 196 and 325 Bharatiya Nyaya Sanhita, 2023; 11(A) of Prevention of Cruelty to Animals Act Tibba, District Ludhiana City
4. It is inter alia contended by learned counsel for the petitioners SANDAL SHARMA 2025.04.23 12:41 I attest to the accuracy and authenticity of this
order/judgment
CRM-M-16600-2025 (O&M) -2-
that the petitioners are innocent and have been falsely implicated in the case. He contends that the petitioners had never indulged in such activities as alleged in the FIR, which is registered at the instance of a secret information received by private individuals without informing the police at the appropriate time. He further contends that the petitioners are not having any criminal antecedents and are ready to join investigation, hence, prayed for grant of anticipatory bail to the petitioners.
5. Per contra, learned State counsel while referring to the status report submitted by State has opposed the petition on the ground that the petitioners have deliberately and maliciously slaughtered a cow with intent to sell the cow meat. Hence, the custodial interrogation of the petitioners is required to unearth the modus operandi and prayed for dismissal of the bail petition.
6. After considering the rival contentions and perusing the record, it transpires that the instant FIR was registered on the complaint made by Mohammad Sabir stating that he had received a secret information that the petitioners had slaughtered a cow and packed its meat in sacks. On reaching the spot, the accused fled away from the spot leaving behind two sacks which contained cow meat. On the basis of the said complaint, the present FIR was registered and the statements of the complainant as well as witnesses were recorded and the Activa scooter along with meat recovered from the spot were taken into possession. On weighing, the said meat weighed 39.150 KG. As per the record, the vehicle recovered from the spot is registered in the name of petitioner No.1. There are specific attribution to SANDAL SHARMA 2025.04.23 12:41 I attest to the accuracy and authenticity of this
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the petitioners of having slaughtered a cow for selling its meat, therefore, their custodial interrogation is required to unravel the truth and modus operandi adopted by the petitioners to commit the crime
7. Therefore, considering the serious nature and gravity of offence, it is observed that no case is made out in favour of the petitioners for grant of anticipatory bail, as a consequence, the petition is hereby dismissed.
8. Any observation made above shall not be construed as opinion of this Court on the merits of the case.
(SANJIV BERRY) JUDGE 21.04.2025 S.Sharma(syr) i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No SANDAL SHARMA 2025.04.23 12:41 I attest to the accuracy and authenticity of this
order/judgment