S.B.CR. MISC. BAIL APPLICATION NO.7904/2008 IQBAL AND ANR. VS. STATE OF RAJ. 23.10.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Ashvin Garg for the petitioners. Mr. RP Kuldeep,Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C by Shri Ashvin Garg, Advocate on behalf of the applicants Iqbal and Munshi pertaining to F.I.R. No. 242/2008 of Police Station Baroni, District Tonk in the offence under Section 5 and 8 (2) of Rajasthan Bovine Animal (Prohibition of Slaughter & Regulation of Temporary Migration or Export) Act, 1995 (hereinafter referred to as the 'Act 1995') Both the accused petitioners Iqbal and Munshi Khan are alleged to have been involved in the offence under Section 5 and 8(2) of the Rajasthan Bovine Animal (Prohibition of Slaughter & Regulation of Temporary Migration or Export) Act, 1995 (hereinafter referred to as the 'Act 1995') Heard the learned counsel for the accused petitioners, learned Public Prosecutor appearing for the State and perused the relevant material on record. It has been contended by the learned counsel for the petitioners that the slaughtered pieces animals have been recovered by the police from the spot. No incriminating article has been recovered from or at the instance of any accused petitioners. The Police, during investigation, has not collected any evidence which may connect the accused petitioners with the commission of said offence. Both the petitioners have been falsely implicated in this case. The alleged offence is punishable only with three years imprisonment and triable by Judicial Magistrate First Class. Hence, both the petitioners deserves to be released on bail. The learned Public Prosecutor appearing for the State has submitted that the case is still pending investigation which is likely to take time. Hence, keeping in view the nature of the offence, their bail petition may be dismissed. Having reflected over the submissions made at the bar and scanned the material on record, I, without expressing any opinion on the merits of the case and in the facts and circumstances of the case, do feel inclined to grant bail to both the accused petitioners. It is, therefore, ordered that both the accused petitioners Iqbal S/o Shri Imamuddin Banjara and Munshi Khan S/o Shri Sardar Khan in FIR No.242/2008, Police Station Baroni, Distt. Tonk, shall be released on bail on their furnishing their personal bonds each in the sum of Rs.50,000/- (Rs. Fifty Thousand) together with two surety bonds each of Rs.25,000/- to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI)J. PCG