CNR
MHNS010028482022
Order below Exh.1 in Cri. Bail Application No.701/2022.
{ Subhash Namdeo Shardul Vs. State }
This is anticipatory bail application under section 438 of
the Criminal Procedure Code for grant of prearrest bail.
The present application is moved by the applicant
Subhash Namdeo Shardul for Anticipatory bail apprehending
arrest in connection with CR No.185/2022 registered with Dindori
Police Station for the offence U/s. 5(a),5(b), 8, 9, 9(a) of
Maharashtra Animal Preservation Act,1976 and U/sec. 11 of the
Prevention of Cruelty to Animals Act, 1960.
2.
It is stated in the application that the applicantaccused
is facing charges that he is involved in a crime of carrying and
possessing animals like cow and bull, which is prevented under the
said Act. The Police have seized pickup vehicle. It is further stated
in the application that applicantaccused has no connection with
the present crime and he has been falsely implicated in this crime.
He is possessing agricultural land and for that purpose cow and
bull are with him. He is ready to abide all conditions laid down by
this court, hence, prayed to release him on anticipatory bail.
3.
The State opposed the bail application. Investigating
Officer has submitted his report and say stating that the police
have seized in all 12 cattles which were possessed by the
applicantaccused and were kept in his custody for the purpose of
selling them for illegal slaughtering and therefore, custodial
interrogation are required. Hence, opposed the bail application.
Investigating Officer is not present.
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4.
Heard, both parties. It appears from the record that
applicantaccused is agriculturist and possessing agricultural land
and alleged offence took place on 29.5.2022 and all the cattles were
seized by the police and kept in safe place. So far as custodial
interrogation of the applicant is concerned the same is not required
considering the nature of the offence and the fact of the present case.
The very purpose of interrogation can be served by putting necessary
conditions to attend the police station as and when required by the
I.O. Hence, I am inclined to allow the present anticipatory bail
application. Hence, following order
ORDER
1)
Anticipatory bail application No.701/2022 is hereby allowed.
2)
Applicantaccused Subhash Namdeo Shardul be enlarged on
bail on executing personal bond of Rs.25,000/ with one or
two sureties in like amount, in the event of his arrest in C.R.
No.185/2022 registered with Dindori Police Station for the
offence U/s. 5(a),5(b), 8, 9, 9(a) of Maharashtra Animal
Preservation Act,1976 and U/sec. 11 of the Prevention of
Cruelty to Animals Act, 1960.
3)
He shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of
the case so as dissuade them for disclosing such facts to the
Court or to any police officer.
4)
He shall attend concerned police station as and when called
for by the Investigating Officer, after receipt of the notice in
writing specifying the date and time of attendance to the
police station till submission of final report. required by the
police machinery.
5)
He shall not influence the prosecution witnesses or tamper
with the evidence.
Cri. Bail Application No.701/2022.
..3..
6)
He shall cooperate with the investigation agency.
7)
Application stands disposed of accordingly,
8)
Inform Dindori Police station, Dist. Nashik.
SHINDE
MADHAV
A
Date 09.06.2022
Digitally signed
by SHINDE
MADHAV A
Date: 2022.06.09
18:15:25 +0530
( M.A. Shinde )
Additional Sessions Judge9,
Nashik.