High Court Of ChhattisgarhMCRC/1697/2019allowed

Sajadshah @ Sajad Khan And ANR. v. State Of Chhattisgarh

2019-03-27Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1697 of 2019

1. Sajadshah @ Sajad Khan S/o Alijan Shah Aged About 20 Years Caste- Muslim,

2. Anamul S/o Abdul Satar Aged About 35 Years Caste- Muslim, Both are R/o Village- Tangartoli, Police Station- Lodam, DistrictJashpur, Chhattisgarh., District : Jashpur, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through The Police Station- Chhal, DistrictRaigarh, Chhattisgarh., District : Raigarh, Chhattisgarh. ---- Respondent For the Applicants :

Shri Govind Dewangan, Advocate For the State :

Shri Wasim Miyan, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /03/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.34/2019 registered at Police Station Chhal, District Raigarh (C.G.) for the offence punishable under Section 11(1) Ä of the Prevention of Cruelty to Animals Act and Section 4,6 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004.

3. Case of the prosecution, in brief is that on 16/02/2019 applicants were bringing nine cows to the slaughter house.

4. Learned counsel for the applicants submits that they are innocent and falsely implicated in the present case, therefore, they shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicants.

6. Looking to the facts and circumstances of the case,looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, it is directed that if the applicants furnishes one solvent surety for a sum of Rs. 25,000/- each along with a personal bond in the like sum to the satisfaction of the concerned Court with the condition that they shall appear before the trial Court at 11.00 am as and when directed till trial and they would cooperate during the trial, they shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde