27.10.2025 Anil Bhimrao Sinde @ Anil Bhimrao Shinde and another ………… v. State of Haryana
Case Details
CRM-M No.46922 of 2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 219 ***** CRM-M No.46922 of 2025 Date of decision : 27.10.2025 Anil Bhimrao Sinde @ Anil Bhimrao Shinde and another ………….Petitioners Versus State of Haryana …….Respondent
Legal Reasoning
CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Deepak Kohli, Advocate, for the petitioner Mr. Gurmeet Singh, AAG, Haryana --- SUMEET GOEL, J. (ORAL) 1. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case FIR No.113 dated 4.6.2025 under Sections 11 of the Prevention of Animals Cruelty Act, 1960 and Sections 13(1), 13(2) of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015, registered at Police Station Ambala Sadar, District Ambala. 2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:- ‘Copy of writing as follow; To, SHO, Police Station Ambala Sadar. Sir, it is prayed that my name is Mohit Ahluwalia son of Raman Bihari Ahluwalia resident of House no. 474, Sector 07, Ambala City..and appointed by Parishad as District Joint Secretary of Vishav Hindu Parishad. Today date 04.06.2025 information was received that driver of ASHWANI KUMAR 2025.10.28 11:28 I attest to the accuracy and integrity of this document CRM-M No.46922 of 2025 -2- vehicle number MH12WX-6500 make TATA 6 wheels has loaded cowsin cruel inhuman manner has been transported from Punjab for cow slaughter. If immediate checking be done at Shambu Toll Plaza, then above stated vehicle can be caught. On information Atul Kashyap son of Vijay Kashyap resident of 119, Kabir Nagar, near Central Jail and Sukhchain Singh Sukhi son of Sardar Jasvinder Singh resident near Jain School, Radha Krishan Bazar, Ambala and Sanjiv Kumar alias Sanju son of Suresh Kumar resident of village Jalbeda and Gurpreet Singh son of Surender Kumar resident of village Lakhnor Sahab, Ambala reached at Shambu Toll Plaza, where vehicles been checked. That after some time vehicle number MH12WX-6500 was seen coming from Punjab side. That which with the help of companions, we caught the vehicle In which it was found that 12 cows and a calf was stuffed and loaded in inhuman manner. On which information was given to Police, that Police reached on spot. That in above stated matter vehicle has been produced to you. It is prayed to you thatstrict legal action should be taken against this vehicle driver, vehicle owner and who do the sale purchase of cows for cow slaughter. SD MOHIT AHLUWALIA Mohil Ahluwalia District Joint Secretary, Vishav Hindu Parishad Police Proceedings dated 04.06.2025 through phone information was received in Police Station that jointly with Mohit.’ 3. Learned counsel for the petitioner has argued that the petitioners are in custody since 5.6.2025. Learned counsel has further argued that the petitioners have been falsely implicated into the FIR in question. Learned counsel has further submitted that there is no tangible material available with the prosecution version/challan so as to indicate that the cows in question were being taken for slaughtering. Thus, regular bail is prayed for. 4. Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioners does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificates dated ASHWANI KUMAR 2025.10.28 11:28 I attest to the accuracy and integrity of this document CRM-M No.46922 of 2025 -3- 25.10.2025 in Court, which are taken on record. 5. I have heard counsel for the parties and have gone through the available records of the case. 6. The petitioners were arrested on 5.6.2025 wherein after investigation was carried out and challan stands presented on 19.7.2025. Total 13 prosecution witnesses have been cited and none has been examined till date. It is thus indubitable that culmination of trial will take its own time. The rival contentions raised by learned counsel give rise to debatable issues which shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. As per custody certificates dated 25.10.2025 filed by learned State counsel, the petitioners have already suffered incarceration for a period of 4 months and 21 days each & are not shown to be involved in any other case. Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. 7. In view of above, the present petition is allowed. Petitioners are ordered to be released on regular bail on their furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioners shall remain bound by the following ASHWANI KUMAR 2025.10.28 11:28 I attest to the accuracy and integrity of this document CRM-M No.46922 of 2025 -4- conditions:- (i) The petitioners shall not mis-use the liberty granted. (ii) The petitioners shall not tamper with any evidence, oral or documentary, during the trial. (iii) The petitioners shall not absent themselves on any date before the trial. (iv) The petitioners shall not commit any offence while on bail. (v) The petitioners shall deposit their passport, if any, with the trial Court. (vi) The petitioners shall give their cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change their cell-phone number without prior permission of the trial Court/Illaqa Magistrate. (vii) The petitioners shall not in any manner try to delay the trial. 8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner. 9. 10. Ordered accordingly. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. (SUMEET GOEL) JUDGE 27.10.2025 Ashwanii Whether speaking/reasoned: Whether reportable: Yes/No Yes/No ASHWANI KUMAR 2025.10.28 11:28 I attest to the accuracy and integrity of this document