Ambika Shukla v. State

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 956/2015 AMBIKA SHUKLA ..... Petitioner Through :Ms. Geeta Luthra, Sr. Advocate with Mr. Aditya Singla and Ms. Supriya Juneja, Advs.

versus STATE ..... Respondent Through :Mr. Yogesh Verma, APP with SI Satish Kumar, P.S. Alipur

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 20.05.2015 Crl. M.A. No.7674/2015 (exemption) Allowed, subject to all just exceptions.

Application is disposed of.

BAIL APPLN. 956/2015 Petitioner is one of the trustees of Sanjay Gandhi Animal Care Centre (SGACC).

An FIR was registered under Sections 403/406/IPC on the directions of learned Metropolitan Magistrate, Delhi passed under Section 156(3) Cr.P.C. on the complaint of one Genda Ram. It appears that Genda Ram was transporting certain livestock in

trucks.

Those trucks were stopped by one Shri Amarjeet and Suman, claiming themselves to be members of a NGO, known as "People for Animals". Police was called and a Kalandra under Section 78 of the Delhi Police Act, 1978, read with Section 11 of Prevention of Cruelty of Animals Act, 1960 was drawn and animals were handed over to SGACC for their upkeep. In the Kalandra, `12,900/- and `9,600/- were imposed as fine on Genda Ram which were deposited.

Thereafter, Genda Ram approached SGACC for release of the livestock when he was told that only 55 goats and 30 sheeps were available for release as remaining animals were not medically fit or had died. Accordingly, Genda Ram has lodged this FIR. Matter pertains to the year 2011.

Learned Senior Counsel for the petitioner submits that petitioner is only one of the trustees of SGACC. She has no role to play in the day-to-day affairs of the trust. It is further submitted that healthy animals were offered to Genda Ram but he refused to take their custody. It is further submitted that animals were medically unfit and some of them had even died, thus, could not be released. Keeping in mind the totality of circumstances, it is ordered that in case of arrest, petitioner be released on bail subject to her furnishing a personal bond in the sum of `25,000/- (Rupees Twenty Five Thousand

Only) with one surety in the like amount to the satisfaction of Investigating Officer/Arresting Officer/Station House Officer of the concerned Police Station. However, petitioner shall cooperate in the investigation and appear before the Investigating Officer as and when she is called upon to do so. Application is disposed of in the above terms. Dasti. A.K. PATHAK, J.

MAY 20, 2015 rb