- (1.) HEARD learned counsel for the petitioner and the learned Public Prosecutor. The petitioner has filed this second bail application under section 439 Cr.P.C. in FIR No. 41/12 registered at Police Station Kherli (Alwar) for the offence under sections 3,5,6 and 8 of the Rajasthan Bovine Act and under sections 16/54 of t he Rajasthan Excise Act.
(2.) EARLIER the petitioner filed bail application No. 3145 of 2012 under section 439 Cr.P.C. was rejected as wtihdrawn on 18..4.2012. While rejecting the bail application on17.2.2012 the Additional Sessions Judge Laxmangarh (Alwar) observed as under : ...[VERNACULAR TEXT OMMITED]... The accused petitioner was arrested on 12.2.2012 and since then he is behidn bar. The petitioner moved further bail application before the Additional Sessions Laxmangarh on 15.5.2012 after framing of the charge against the petitioner and the Addl. Sessions Judge rejected the bail application vide order dated 17.5.2012. In the order dated 17.5.2012 the Addl. Sessions Judge observed as under : ...[VERNACULAR TEXT OMMITED]... The learned counsel for the petitioner has argued that the court below will take long time for completing the trial and no any recovery is required from the accused petitioner. It was further submitted that the petitioner is not concerned with such allegations and the co-accused has been enlarged on bail by this court on 8.5.2012 whose name was in FIR No. 41/12 whereas there is no name of the accused petitioner mentioned in the said FIR. On this ground also the counsel prayed for granting bail to the accused petitioner. The Public Prosecutor opposed the bail application of the accused petitioner and stated that earlier the bail application of the accused petitioner was rejected by this court on 27.3.2012 on account of withdrawal of his bail application and there is no new ground agitated by him to be released the accused petitioner on bail when the offence of sections 5,6, and 8 of the the Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export ) Act, 1995 are levelled against him and further allegations of offence under sections 16/54 of the Rajasthan Excise Act on recovery of 35 litres of wine extracted by hand was found. In these circumstances it was prayed that the accused petitioner is not entitled to be released on bail at this stage.
(3.) AFTER hearing the arguments of the petitioner and the Public Prosecutor at length in my view the accused petitioner is not entitled to be released on bail at this stage looking to the offence related to Bovine Act particularly one cow was found dead besides recovery of excise material with him. Without commenting on the merits of the case which will prejudice either case of parties, at this stage this second bail application of the accused petitioner is rejected. However, the trial court is directed to conclude the trial within a period of six months, if possible and further the petitioner will be at liberty to move bail application before the trial court after recording of the statements of the material witnesses, or if the trial has not concluded within the period of six month, whichever is earlier.;