1. This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with FIR being C.R. No.11822009211519 of 2021 registered with Chikhli Police Station, Navsari for offences punishable under sections 295A, 429 and 114 of IPC, sections 5, 6(B), 8 and 10 of Animal Preservation Act and section11(1)(1) of the Animal Preservation Act.

2. Mr. Jaydeep H.Sindhi, learned advocate for the applicant submitted that, the alleged beef was found in the open place to the front area of cowshed (Tabela), which is alleged to be the ownership of the present applicant. Mr. Sindhi stated that as per the secrete information the police along with people of ‘Gao Rakshak’ had reached the place and one Kalubhai Mustafa Diwan has run away, who has been identified by ‘Gao Rakshak’, Premsinh Gamjinath Goswami under the torch light. Mr.Sindhi stated that as per the allegation, rest of the them had fled away from the place in dark, but no T.I. parade has been conducted, and the place where the beef alleged to be found and the slaughter of the cow has taken place is open ground near the cowshed (Tabela) of the present applicant. Mr. Sindhi further submitted that the coaccused has been granted anticipatory bail on 02.02.2022 in Criminal Misc. Application No.2562 of 2022 and therefore it was prayed that the present application may be allowed and the applicant herein may also be released on regular bail.

3. Mr. Pranav Trivedi, learned Additional Public Prosecutor relying on the report of the police stated that, the cow was slaughtered and all the instruments used for slaughter of the cow was found from the place and when the raid was conducted it was found that, it was a recent slaughter. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.

4. Heard learned advocates on both the sides and perused the material on record. Since the present applicant was not apprehended at the spot and was not identified even by the ‘Go Rakshak’ who was with the police and later on when no T.I. parade was conducted, this Court finds this to be a fit case where discretion could be exercised in favour of the applicant.

5. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No.11822009211519 of 2021 registered with Chikhli Police Station, Navsari on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

[a] not take undue advantage of liberty or misuse liberty;

[b] not act in a manner injurious to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave India without prior permission of the concerned trial court;

[e] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the concerned trial court;

6. The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case.

7. Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.