1 13 ABA 312-2025.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION (ABA) NO. 312 OF 2025 ATIQUE AHMAD S/O. MOHAMMAD SAYEED ...VERSUS… THE STATE OF MAHARASHTRA, THR. PSO, PS, AKOT, AKOLA ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders. Shri Nazim Qureshi, Advocate for applicant. Ms. Prachi Joshi, APP for respondent/State. CORAM : ROHIT W. JOSHI, J. DATE : 21 st MAY, 2025 The applicant is arraigned as an accused no. 3 in First Information Report (“FIR”) No. 116/2025 registered with Police Station Akot, District Akola on 05/04/2025 for the offence punishable under Sections 109, 132, 221, 281, 3(5) of Bharatiya Nyaya Sanhita, 2023, Sections 11(1), 11(1)(c), 11(1)(d), 11(1) (g) of the Prevention of Cruelty to Animals Act, 1960 and Sections 5(a), 5(b) and 9 of the Maharashtra Animal Preservation Act, 1976. 2. The perusal of FIR will demonstrate that, on 05/04/2025 at about 10.15 p.m., the informant who is police constable had apprehended a vehicle Bolero Pickup Van bearing RTO Registration No. MH-20/GC-1770 along with 12 cattle. It is the case of the prosecution that, when the informant asked the driver of the vehicle to stop the said vehicle, he had deliberately driven the said vehicle towards the person of the informant with intention to cause physical harm. It is stated that the said 2025:BHC-NAG:5186 2 13 ABA 312-2025.odt 2 vehicle was followed by another car bearing RTO Registration No. MH-43/BG-1410. It is alleged that, the said vehicle i.e. the other car was being driven in a manner that created obstruction in the Bolero being apprehended. As regards the present applicant, the allegations in the FIR is that he has sold the said cattle to the accused nos. 1 and 2. 3. The learned counsel for the applicant states that the material on record is grossly insufficient to attribute that the present applicant was aware that the purchaser of the cattle had purchased the same for slaughtering. 4. The prosecution has filed an affidavit and reply, in which, the contents of the FIR are repeated. As regards the present applicant, it is stated that the cattle were illegally sold for the purpose of slaughtering. However, the learned APP for the State is unable to demonstrate any material collected during the investigation, from which, such inference can be drawn. 5. The application is also opposed on the ground that, similar offence is registered against the present applicant. The learned counsel for the applicant has drawn my attention to the order dated 18/04/2025 passed by the learned Judicial Magistrate First Class, Court No. 2, Morshi releasing the applicant on bail. 6. In that view of the matter, having regard to the fact that, the material collected by the prosecution does not attribute the knowledge to the applicant that the cattle were purchased for slaughtering, I am inclined to allow the present application and grant interim protection to the applicant on the 3 13 ABA 312-2025.odt 3 following terms:- (a) In the event of arrest in relation to First Information Report (“FIR”) No. 116/2025 registered with Police Station Akot, District Akola on 05/04/2025 for the offence punishable under Sections 109, 132, 221, 281, 3(5) of Bharatiya Nyaya Sanhita, 2023, Sections 11(1), 11(1)(c), 11(1)(d), 11(1)(g) of the Prevention of Cruelty to Animals Act, 1960 and Sections 5(a), 5(b) and 9 of the Maharashtra Animal Preservation Act, 1976, the applicant - Atique Ahmad S/o. Mohammad Sayeed be released on bail on executing P.R. Bond to the tune of Rs. 25,000/- with one solvent surety in the like amount. (b) The applicant shall attend the concerned Police Station on every Sunday between 10.00 a.m. to 01.00 p.m. (c) The applicant shall co-operate with the investigation agency and make himself available for interrogation, whenever required. (d) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case either personally or by way of electronic media. (ROHIT W. JOSHI, J.) B.T.Khapekar