Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 6235 (RAJ)

ISRAYAL S/O SALAMUDDIN v. STATE OF RAJASTHAN

CRLMB/1972/2025 · 2025-03-20

Praveer Bhatnagar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:12859] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1972/2025 Israyal S/o Salamuddin, R/o Ward No. 20, Naya Aabadi Boatalganj, P.s. Pipalya Mandi, District Mandsour (M.p.) (Accused Petitioner Is Confined In The Malpura (Dist. Tonk)- Jail). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Atul Kumar Jain, Adv. For Respondent(s) : Mr. Amit Poonia, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 20/03/2025 1. The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioner. 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 the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration of Export) Act, 1995 and under Section 11(1) (d) of the Prevention of Cruelty to Animal Act, 1960. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. It is also contended that accuse-petitioner was not found at the place of occurrence and the recovery of bovine animals were effected from the possession of the other co-accused. The accused- petitioner was not registered owner of the said vehicle and the [2025:RJ-JP:12859] (2 of 3) [CRLMB-1972/2025] petitioner was not aware about the fact that bovine animals were being transported in the said vehicle. The accuse-petitioner is in custody since 08.11.2024 and the charge-sheet has already been produced, the trial yet has not been commenced and it may take considerable time. It is also contended that the out of 4 cases shown against the present petitioner, the petitioner has been acquitted in 2 of them which was registered under the Bovine Animals Act, therefore, the bail application of the accused- petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of bail application. It is contended that the petitioner was in possession of the said vehicle and the police after investigation concluded the same. Though, the ownership of the vehicle was with registered owner Mangal Bhat, however, he in his evidence has stated that the vehicle was handed over to the petitioner from 06.09.2024 to 06.10.2024 on rent for Rs.30,000/- per month. The vehicle was in possession of the said petitioner, the said fact was recorded in an agreement executed between the petitioner and Mangal Bhat. It is also contended that the other evidence collected during investigation verify the execution of the said document. The petitioner was also involved in 4 other cases out of which 3 cases were filed under Bovine Animals Act, therefore, considering the above facts, the bail application of the accuse-petitioner may be dismissed. 4. Heard and perused the material available on record. 5. The Police after investigation prima facie concluded that the vehicle was handed over to the present petitioner. The petitioner has not submitted any cogent documents which justifies [2025:RJ-JP:12859] (3 of 3) [CRLMB-1972/2025] unawareness about the alleged offence. The petitioner was found to be involved in 4 cases out of which 3 cases were registered in Bovine Animals Act, though in 2 of those cases the petitioner has been acquitted. However, mere acquittal cannot be a ground to presume that the petitioner was not involved previously in similar nature of cases, therefore, considering the facts of the present case and conduct of the petitioners, this Court is not inclined to enlarge the accused-petitioner on bail. 6. Accordingly, the instant bail application of the accused- petitioners are hereby by dismissed. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-65