High Court Of ChhattisgarhMCRC/6159/2017allowed

Som Sharma v. State Of Chhattisgarh

2017-11-27Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6159 of 2017 Som Sharma S/o Bhuwan Prasad Sharma, Aged About 50 Years R/o Kelabadi, Near Ata Chakki, P.S. Padmanabhpur, District Durg, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Simga, District Balodabazar-Bhatapara, Chhattisgarh ---- Respondent For Applicant :

Shri Praveen Dhurandhar, Advocate For State :

Shri Avinash Singh, Panel Lawyer S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 27/11/2017 Heard.

1. The applicant is arrested in connection with Crime No.203 of 2017 registered in Police Station- Simga, District- Balodabazar-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.

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 allegation 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 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

-2investigation 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 Praveen