Nohar Das Kosle v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 2138 of 2016

1. Nohar Das Kosle, S/o. Bhakadu Kosle, aged about 38 years, CasteSatnami, R/o. Village-Navagaon, P.S. Palari, District - BalodabazarBhatapara (C.G.) ----Applicant

Versus

1. State of Chhattisgarh, Through : Station House Officer, Police Station - Palari, District - Balodabazar-Bhatapara (Chhattisgarh) ---- Respondent For Applicant : Mr. Raghavendra Pradhan, Advocate For Respondent/State : Mr. Vivek Singhal, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 21/06/2016 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.93/2016, registered at Police Station - Palari, District - Balodabazar - Bhatapara (C.G.) for the offence punishable under Section 4, 6 & 10 of Chhattisgarh Krishak Pashu Parirakshan Adhiniyam.

2.

Case of the prosecution, in brief, is that on 07.03.2016 at about 1.10 in the night, the applicant while loading the cattle in the vehicle Tata Mazada No.MH-40-5525, which was driven by Jamsed was caught red handed. Thereby the offence has been committed. 3.

Learned counsel for the applicant submits that the applicant is a labour, he was only engaged as daily wages and was loading the cattle on payment basis and has not committed any offence. He further submits that charge-sheet in this case has been filed and the applicant is in jail since 20.03.2016, therefore, the counsel prays that, the

Page No.2 applicant may be enlarged on bail.

4.

On the other hand, learned counsel for the State opposes the bail application.

5.

I have heard learned counsel appearing for the parties. 6.

Considering the facts and circumstances of the case, nature of the allegation levelled against the applicant and the fact that charge-sheet in this case has been filed and the applicant is in jail since 20.03.2016, I am inclined to release the applicant on bail. 7.

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

8.

It is directed that 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.

9.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram