High Court Of ChhattisgarhMCRC/522/2016allowed

Sukul Ram And ANR. v. State Of Chhattisgarh

2016-02-10Hon'Ble Shri Justice Sanjay K. Agrawal3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 201

1. Sukul Ram, S/o Sani Genda Uraon, aged about 65 years, Occupation Agriculture.

2. Ishwar Prasad Kujur @ Rongutu, S/o Mohan Ram, aged about 30 years, Occupation Agriculture Both are R/o Village Maheshpur, PS & Tahsil Udaipur, District Sarguja (C.G.) ---- Applicants

Versus

The State Of Chhattisgarh Through the Station House Officer, Police Station - Udaipur, District Sarguja (C.G.) ---- Non-applicant For Applicant :Mr. Jitendra Shrivastava, Advocate. For Non-applicant/State :Mr. Ajit Singh, Panel Lawyer. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /0 2 /201 (1) The accused/applicants have moved this bail application under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No. 2/2016 registered at Police Station Udaipur, District Sarguja for the offence punishable under Sections 429 of the Indian Penal Code and Section 4, 5 & 10 of the CG Krishak Pasu Parirakshan Adhiniyam, 2004.

(2) Case of the prosecution, in brief, is that on 31.12.2015, the

applicants along with other co-accused persons killed one scheduled agricultural animal and thereby committed the aforesaid offences.

(3) Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in the crime in question. He further submits that the applicants have not killed any animal and they are in detention since 4.1.2016 and, therefore, they may be released on bail.

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

(5) Taking into consideration the facts & circumstances of the case; role of the applicants in the offence in question; defence of the applicants; and further considering their pre trial detention; this court is of the view that it is a fit case to release the applicants on bail. Accordingly, the bail application is allowed. (6) Accused/applicants - Sukul Ram & Ishwar Prasad Kujur @ Rongutu are directed to be released on bail on each of them executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-