Pradeep Tirkey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1379 of 2021

1. Pradeep Tirkey S/o Heera Sai Aged About 30 Years Caste Uraon, Occupation Labour , Resident of Village Tirkela, Police Chowki Kunni, Police Station Lakhanpur, Tahsil Lakhanpur, District : Surguja (Ambikapur), Chhattisgarh

2. Jugu Minj S/o Bachan Minj Aged About 28 Years Caste Uraon, Occupation Labour , Resident Of Village Tirkela, Police Chowki Kunni, Police Station Lakhanpur, Tahsil Lakhanpur, District : Surguja (Ambikapur), Chhattisgarh

3. Dinesh Bek S/o Kullu Bek Aged About 29 Years Caste Uraon, Occupation Labour , Resident Of Village Tirkela, Police Chowki Kunni, Police Station Lakhanpur, Tahsil Lakhanpur, District : Surguja (Ambikapur), Chhattisgarh ---- Applicants

Versus

State of Chhattisgarh through the In-charge , Police Chowki Kunni, Police Station Lakhanpur, District : Surguja (Ambikapur), Chhattisgarh ---- Respondent For the applicants : Mr. D.N. P Prajapati, Advocate.

For the Respondent : Ms. Akanksha Jain, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board .05.2021

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicants in connection with Crime No. 17/2021 registered at Police Chowki-Kunni, Police Station-Lakhanpur, District Surguja (C.G) for the offences punishable under Sections 429, 34 of IPC and sections 4, 5, 6, 10 & 11 of Chhattisgarh Krishak Pashu Parirakshan Adhiniyam.

2. As per the prosecution case, the applicants have killed a bullock and have eaten some part of flesh of bullock and have thrown the remaining part of the body into a dam.

Subsequently on the basis of memorandum, the seizure of Axe was made.

3. Learned counsel for the applicants would submit that the applicants are in jail since 17.01.2021, only an Axe was seized and no evidence was on record to show that the applicants have committed the offence. He further submits that the charge has been filed and the offences are triable by the JMFC, therefore, they may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application.

5. Considering the fact that the charge sheet has been filed and the offences are triable by the JMFC, I am inclined to allow this bail application.

6. Accordingly, the bail application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond in sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court for their appearance before the said Court as and when directed.

7. Consequently I.A.No.2/201 for urgent hearing and I.A.No.1/2021 for hearing the case during summer vacation stand disposed off.

C.c.

as per rules.

Sd/- GOUTAM BHADURI VACATION JUDGE Rao