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MHNS010036252022
Order below Exh. 1 in Criminal Anticipatory Bail
Application No. 899/2022.
1.

This is an application for anticipatory bail under section 438
of Cr.P.C. in C.R.No. I­190/2022 registered against applicants nos. 1)
Awesh Hasan Kokani, 2) Jalal Awesh Kokani, 3) Noor Jalal Kokani and 4)
Gulam Gaus Jalal Kokani at Mumbai Naka Police Station for the offence
punishable under sections 5B/9 of the Maharashtra Animal Preservation
Act 1995, Section 11 of the Prevention of Cruelty to Animal Act 1960 and
Section 429 r/w section 34 of the Indian Penal Code.
2.

In short, the case of the prosecution is that, no provision has
been made for cattle feed as well as they were kept in unhuman condition.
Cattle were kept
over crowded for slaughtering in illegal condition.

Hence, this complaint.
3.

The applicant sought pre­arrest bail on the ground that they
are third generation to continue the family business of milk. They have
260 buffaloes and 130 cows. There is business rivalry between applicants
and others dairy owners. They require cattle feed of Rs. 1,20,000/­ daily.
They are falsely implicated. There is no allegation that applicants kept the
cows for slaughtering. No grounds made for custodial interrogation. They
are ready to abide by terms and conditions. Hence, prayed that application
be allowed.
4.

Say was called of the Investigating Officer. He has submitted
that offence is serious. One day prior to ‘Bakri Id’ 113 cows and buffaloes
were found without cattle feed and were kept in over crowded conditions
for slaughtering purpose. Applicants are the main accused. They were
absconding.

They have to inquire from where animals were got for
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slaughtering. There is possibility that some animals are slaughter. They
have to inquire from where and how the animals are taken for slaughter.
There is a big racket. Hence, prayed that application be rejected.
5.

On considering the case papers it is seen that already the
animals were sent to different ‘Goshala’. It is also seen that applicants are
conducting the business of milk since many years and they are the third
generation. It is contended by the investigating officer that, the cattle and
cows were kept overcrowded without cattle feed, however, the
photographs filed on record does not reflect so. When applicants are doing
milk business the possibility of not feeding the cattle is doubtful.
Considering the reason stated by the investigating officer that they have to
inquire as where the cattle taken for slaughtering, however, the
investigating officer found the cattle at ‘Gotha’ of the applicant. Hence, no
ground has been made by the investigating officer to grant custody.
Nothing has to be recovered or discovered from the applicants. Applicants
are resident of Nashik who are conducting milk business from many years,
hence, their presence can be secured. Apprehension of the prosecution
that applicants will not appear regularly before the Court can be taken
care by imposing conditions. Hence, I proceed to pass following order :­
ORDER
1.

The application is allowed.

2.

The applicants/accused nos. 1) Awesh Hasan Kokani, 2) Jalal
Awesh Kokani, 3) Noor Jalal Kokani and 4) Gulam Gaus Jalal
Kokani involved in C.R. No. I­190/2022 registered in Mumbai Naka
Police Station for the offence punishable under sections 5B/9 of the
Maharashtra Animal Preservation Act 1995, Section 11 of the
Prevention of Cruelty to Animal Act 1960 and Section 429 r/w
section 34 of the Indian Penal Code, be released on bail on their
executing P.R. and S.B. of Rs.15,000/­ (Rupees Fifteen Thousand
Only) each with one surety.

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3.

The applicants/accused shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts to
the court or to any police officer or tamper with the evidence.

4.

The applicants/accused shall co­operate the
agency as and when called at the police station.

5.

In the event of violation of any terms, Investigating Officer is at
liberty to take appropriate steps under section 439(2) of Cr.P.C.

6.

Inform concerned Police Station accordingly.

7.

Application is disposed off accordingly.

Nashik.
Date : 20/07/2022.

investigating
Sd/­xxx
(V.S.Malkalpatte­Reddy)
Additional Sessions Judge,
Nashik.