Jasvant Singh Kosare v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 336 of 2018 Jasvant Singh Kosare S/o Fagua Ram Kosare, Aged About 27 Years R/o Village Sakraud, Thana Ranchirai, District Balod Chhattisgarh , Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Thana Simga District Baloda Bazar Bhatapara Chhattisgarh , Chhattisgarh ---- Respondent Shri Sameer Singh, counsel for the applicant/s. Shri Chandresh Shrivastava, Panel Lawyer for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 16/03/2018 Heard.

1.

The applicant has been arrested in connection with Crime No.203 of 2017 registered in Police Station- Simga, District- Baloda bazar-Bhatapara (C.G.) for alleged commission of offence under Sections 4, 6, 7, 9, 10, 11 of C.G. Agricultural Cattle Preservation Act 2004 and Sections 48, 49, 49-A, 50 & 52 of the Prevention of Cruelty to Animal Act, 1960 and 3/81 of Motor Vehicle Act. 2.

Case of the prosecution, in brief, is that the applicant and other accused were found carrying agricultural cattle for slaughtering. 3.

Learned counsel for the applicant would submit that allegations are false and fabricated. The applicant has not committed any offence. He would further submit that the investigation is complete and charge sheet has been filed, therefore, at this stage, the applicant may be released on bail. 4.

On the other hand, learned counsel for the State, opposing the bail application, would submit that the applicant was caught red-handed while taking away agricultural cattle, therefore, he is not entitled for grant of bail.

5. Taking into consideration the submissions made by learned counsel for the parties, considering the nature of allegation and further considering that the investigation is complete and charge sheet has been filed, 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 Deepti