Deshraj v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 166 of 2018 Deshraj S/o Gulabchand Bhaladhare, Aged About 35 Years R/o Ward No.9, Girdhari Nagar, Durg, District Durg Chhattisgarh , Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer Police Station Tilda, District Raipur Chhattisgarh , Chhattisgarh ---- Respondent For Applicant :

Shri A.S. Rajput, Advocate For Respondent/State :

Shri Chandresh Shrivastava, PL S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 09/03/2018 Heard.

1. The applicant has been arrested in connection with Crime No.148 of 2017 registered at Police Station- Tilda, District Raipur (CG) for the alleged commission of offence under Section 4,6,7,9,10,11 of Chhattisgarh Krishi Parirakshan Adhiniyam, 2004, Section 4, 5, 6 of Chhattisgarh Krishi Pashu Parirakshan Sanshodhan Adhiniyam, 2011, Section 11 of Pashu Krurata Adhiniyam and Section 66/192, 39/192 of Motor Vehicle Act.

2. Case of the prosecution is that the applicant and other accused were transporting agriculture cattle which is alleged to be transported for being slaughtered.

3. Learned counsel for the applicant would submit that the allegation against the applicant is false, no prima facie case is made out. It is further submitted that the applicant is in jail since 11.11.2017, investigation is complete and charge-sheet has been filed and there is no material to show that the applicant is likely to abscond or tamper with the prosecution witnesses, therefore, he may be granted bail.

4. On the other hand, learned counsel for the State opposes the bail application

-2and submits that in view of seizure of agriculture cattle and arrest of apprehension of the applicant, prima facie case is made out.

5. Taking into consideration the submission of learned counsel for the parties, totality of the circumstance and that the applicant is in jail since 11.11.2017, investigation is complete, charge-sheet has been filed and there is no material to show that the applicant is likely to abscond or tamper with the prosecution witnesses and maximum punishment which could be awarded in the alleged commission of offence, the application is allowed.

6. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with one local surety for the like amount to the satisfaction of the concerned trial Court with following further conditions:

(i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha