In CRM-M No. 25287 of 2022-PUNJ HC- P&H HC grants bail to man allegedly apprehended in vehicle carrying 15 oxen tied with ropes on ground of completion of investigation & filing of charge-sheet Justice M.S. Ramachandra Rao [15-06-2022]

Read Order: Shakeel v. State of Haryana

LE Correspondent

Chandigarh, June 22, 2022:  The High Court of Punjab and Haryana has granted regular bail to a person arrayed as an accused under Sections 3/13(1), 8/13(3) of the Haryana Gauvansh Sanrakshan and Gaursamvardhan Act, 2015 as also under relevant provisions of the Animal Cruelty Act and Indian Penal Code on the ground that the investigation was already completed and the charge-sheet was filed. 

The Bench of Justice M.S. Ramachandra Rao also considered the fact that the trial was going to take time and no purpose would be served by keeping the petitioner in custody. 

In this case, the petitioner was seeking the grant of regular bail in an FIR registered for offences punishable under Sections 3/13(1), 8/13(3) of the Haryana Gauvansh Sanrakshan and Gaursamvardhan Act, 2015, and, Section 11 of Animal Cruelty Act, and, Sections 307/120-B/114 of the IPC. The Status report filed by the State Counsel in Court today was taken on record.

The allegation against the petitioner in the FIR was that he alongwith others was apprehended in a vehicle carrying 15 oxen whose mouth and legs were tied with rope and there was also a weapon in the said vehicle.  It was also alleged that the petitioner threw a weapon with an intention to kill the complainant. 

It was the case of the counsel for the petitioner that the petitioner was under arrest since February 18, 2022 and the investigation in the matter was complete and the challan was filed on April 16, 2022. Also, the Cousnel added that the petitioner was not needed to be detained.

In the status report filed by the State, it was alleged that the petitioner was in the canter vehicle transporting the oxen and he also threw a weapon used for cutting flesh and bones of large animals, on the Head Constable. 

It was also stated that the case was fixed for July 06, 2022 before the Illaqa Magistrate concerned for framing charges and that there were 13 witnesses, out of which 03 were private witnesses. Also, the status report highlighted that there was a possibility of the petitioner influencing the witnesses.

Additionally, the status report states that the petitioner was involved in another case FIR for offences under Sections 3/5/8 of the Haryana Gauvansh Sanrakshan and Gaursamvardhan Act, 2015, and, Section 11 of Animal Cruelty Act, and, Section 307 of the IPC, registered at Police Station Tanda, District Rampur, UP. 

After considering the above-stated, the Court observed that the investigation in the present case was complete and the challan was already submitted on April 16, 2022 coupled with the fact that the trial was likely to take a long time. 

Also, the Court considered the fact that no useful purposes would be served by keeping the petitioner in custody, thus, the Court ordered the petitioner to be released on bail, upon his furnishing personal and surety bonds each, to the satisfaction of the Illaqa Magistrate/Duty Magistrate concerned.