Meraj Ansari And ANR. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2612 of 2016
1. Meraj Ansari, S/o Fakruddin Ansari Aged About 40 Years R/o Village Domuhani, Police Station Torwa, Tahsil, Civil & Revenue District Bilaspur, Chhattisgarh.
2. Rajkumari Ansari W/o Meraj Ansari Aged About 35 Years R/o Village Domuhani, Police Station Torwa, Tahsil, Civil & Revenue District Bilaspur, Chhattisgarh.
---- Applicant
Versus
State of Chhattisgarh Through Police Station Torwa, District Bilaspur, Chhattisgarh.
---- Respondent For Applicant :- Mr. Mirza Keshar Beg, Advocate For Respondent/ State :- Mr. Anant Bajpai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board By 21/06/2016 1.
This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No. 107/2016 registered at Police Station- Torwa, District Bilaspur (C.G.) for the offence punishable under Sections 295(A), 34 of IPC and section 5,10 of Chhattisgarh Krishak Pashu Pariraksham Adhiniyam, 2004.
2.
Case of the prosecution, in brief, is that on 10.04.2016 the applicants was coming with the beef mutton by express train as he was apprehended and was arrested wherein from the possession of the applicant 5KG beef mutton was recovered. 3.
Counsel for the applicant submits that the applicant has been falsely implicated in this case, since other person who has
inculpated the applicant they wanted to get him evicted from the plot and he is in jail since 12.04.2016, therefore, the applicant may be enlarged on bail.
4.
Learned State counsel opposes the prayer for grant of bail. 5.
Considering the facts and circumstances of the case and the fact that the charge-sheet has been filed and considering the offence and the degree of allegation levelled against the applicant and the fact that the applicant is in jail since 12.04.2016, this Court is of the opinion, that present is a fit case, in which, the applicant should be enlarged on regular bail.
6.
Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.
7.
It is directed that the applicant shall be released on bail on furnishing a personal bond for a 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/- (Goutam Bhaduri) Judge Santosh