Rafiq & Anr vs State on 5 November, 2009

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      S.B. CRIMINAL MISC. BAIL APPLICATION NO.5559/2009.
             Rafiq & Anr.       Vs.   The State of Rajasthan


     Date of Order ::       5th November 2009.

          HON'BLE MR. JUSTICE DINESH MAHESHWARI

     Mr. Rahul Bhati, for the petitioners.
     Mr. O.P. Singaria, Public Prosecutor.
                               ...

           The petitioners, accused of offences under Sections 3,

     5, 6, 8, 9 and 10 of the Rajasthan Bovine Animal (Prohibition

     of Slaughter & Regulation of Temporary Migration or Export)

     Act, 1995, seek bail under Section 439 Cr.P.C.

           It is submitted that the petitioners are in custody since

     19.08.2009 and have not been involved in any other criminal

     case; and that the challan has been filed in this matter on

     25.10.2009.

           Having heard the learned counsel for the petitioners and

     the learned Public Prosecutor, having examined the material

     placed for perusal, and having regard to the overall

     circumstances,     it appears just and proper to enlarge the

     accused petitioners on bail; but as the petitioners are said to

     be the residents of the State of Madhya Pradesh, it appears

     appropriate to put them to the condition that one of the

     sureties standing for them shall be from the State of

     Rajasthan.
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                Accordingly, this bail application under Section 439

          Cr.P.C. is allowed and it is directed that the petitioners Rafiq

          S/o Allanoor and Mubarik S/o Vasal Khan be released on bail

          in relation to FIR No. 260/2009, Police Station Goverdhan

          Vilas, District Udaipur provided each of them executes a

          personal bond in the      sum of Rs. 50,000/- (Rupees Fifty

          Thousand) with two sound and solvent sureties in the sum of

          Rs. 25,000/- (Rupees Twenty Five Thousand) each, one of

          whom shall be the resident of the State of Rajasthan, to the

          satisfaction of learned Trial Court for their appearance before

          that court on each and every date of hearing and whenever

          and wherever called upon to do so till the completion of trial.




                                              (DINESH MAHESHWARI), J.

/Mohan/