JUDGEMENT
ASHOKKUMAR C.JOSHI,J. -
(1.)Heard learned advocate Mr. Viral V. Dave for the applicant and learned APP Ms. Moxa Thakkar for the Respondent - State.
1.1 Rule. Learned APP Ms. Moxa Thakkar waives service of notice of Rule for the respondent - State.
(2.)By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for anticipatory bail in connection with the FIR being C.R. No. 11200018211103 of 2021 registered with Dharampur Police Station, District: Valsad for the offences punishable under Sections 11(1)(D) and 11(1)(E) of the Cruelty to Animals Act and Section 6(A) and 8(1) of Animal Care Act and Section 279 of the IPC and Section - 119 of the Gujarat Police Act and Rules 204 of the Gujarat Motor Vehicles Act.
(3.)The brief facts of the case are that on 15.10.2021 the complainant has lodged an FIR against one Santubhai, who is the owner of the tempo for the offences punishable under the Cruelty to Animals Act and under the Animal Care Act and under IPC and under the Gujarat Police Act as well as the Gujarat Motor Vehicle Act with the Dharampur Police Station District - Valsad. That, complainant stated in the complaint that the wanted driver Santu took three cows worth Rs.15,000/- total muddamal of Rs.4,15,000/- in his tempo bearing registration No. GJ-21-V-5107 from Gujarat to Maharashtra without any pass or permit. That, when the driver show the cow protector, the parked his tempo on the road side and ran away from there, therefore the present FIR came to be lodged.
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