Banod Ramesh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 21 of 2018

1. Banod Ramesh S/o Dashru Aged About 25 Years R/o Village Kuravi P. S. Kukhi District Mahbooba Bad Andhra Pradesh, Andhra Pradesh

2. Lakhpati S/o Dushram Aged About 35 Years R/o Village Kuravi P. S. Kukhi District Mahbooba Bad Andhra Pradesh, District : West Godavari, Andhra Pradesh

3. Kiran Bhadora S/o Bagya Aged About 25 Years R/o Village Kuravi P. S. Kukhi District Mahbooba Bad Andhra Pradesh, Andhra Pradesh ---- Applicants

Versus

State Of Chhattisgarh Through The Police Station Darbha, District Bastar Chhattisgarh.

---- Respondent For the Applicants :

Shri P.K. Tulsyan, Advocate.

For the Respondent/State :

Shri Aditya Sharma, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

08.03.2018 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No.69 of 2017, registered at Police Station - Darbha, District - Bastar, Chhattisgarh for the offence punishable under Sections 4, 6 and 10 of the Chhattisgarh Krishak Pashu Parirakshan Adhiniyam, 2004, Section 11 of the Prevention of Cruelty to Animals Act and Sections 66 and 192 of the Motor Vehicles Act. 2.

Learned counsel for the applicants submits that the applicants are in jail since 6.11.2017 and they have been falsely implicated in this case. The

applicants, who had purchased the bullocks and were transporting them were apprehended on allegation that they are transporting the agricultural cattle to the slaughter house which is an incorrect statement. The receipt of the purchase of bullocks is produced for perusal. The applicants are ready to abide by all the conditions imposed on them. Hence, it is prayed that the applicants be enlarged on bail.

3.

Learned State counsel opposes the bail application and the submissions made in this respect. It is submitted that there is ample evidence in the case-diary to show that the applicants are transporting the agricultural cattle to the slaughter house. Hence, it is prayed that the applicants are not entitled for grant of regular bail. 4.

Heard counsel for both the parties and perused the case diary. 5.

On the date of incident, the police personnel of P.S. Darbha, District Bastar stopped and searched the vehicle occupied by these applicants and found that three pairs of bullocks were being transported in the said vehicle. The bullocks were seized. As the applicants could not give any explanation, the case has been registered against them.

6.

Considering the material present in the case-diary and also the fact that after filing of charge-sheet, the trial of the case is likely to take some time for its final disposal, I am of the considered opinion that in this case the applicants deserve to be enlarged on bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi