Sheetal Singh Thakur v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7627 of 2017 Sheetal Singh Thakur S/o Ram Lakhan Singh Aged About 33 Years R/o Vinoba Bhave Nagar, Street No. 23 House No. 670, Nagpur Police Station Yashodharaanagar, Tahsil And District Nagpur Maharastra. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, P. S. Supela, Tahsil And District Durg Chhattisgarh.

---- Respondent For the Applicant :

Shri Arvind Dubey, Advocate.

For the Respondent/State :

Shri Vinod Tekam, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

12.02.2018 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 applicant who has been arrested in connection with Crime No. 794 of 2017, registered at Police Station Supela, District Durg, 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 applicant submits that the applicant is in jail since 8.9.2017 and he has been falsely implicated in this case. The applicant was the driver of the Truck bearing registration No. C.G. 04-JE-

067, which is owned by Kazim Qureshi and the applicant was transporting the cattle at the instructions of the truck owner. No offence is made out against the applicant and he is ready to abide by all the conditions imposed on him. Hence, it is prayed th1427at the applicant be enlarged on bail. 3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. 4.

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

On the date of incident, after receiving a secret information, the police personnel of P.S. Supela intercepted the Truck bearing registration No.C.G.04-JE-067. On Truck, 17 numbers of buffaloes were found being transported to Nagpur to a slaughter house because of which, the case was registered against the applicant.

6.

Taking into consideration the material present in the case-diary against the applicant and that he is in jail since 8.9.2017, I am of the considered view that no purpose would be served if the applicant is kept in detention for the whole period of trial. Hence, this application deserves to be allowed. 7.

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

8.

It is directed that the applicant shall be released on bail on his 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 his appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi