Atish Baburao Bhute v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2470 of 2020

1. Atish Baburao Bhute S/o Baburao Bhute Aged About 28 Years Village - Khutsavari, Godegaon, Thana Lakhani, District Bhandara, Maharashtra.

2. Shrikant Mahadev Pawalkar S/o Mahadev Pawalkar Aged About 19 Years R/o Village - Kakadi, Navnaathmandir, Bhagat Sing Ward, Bhandara, District Bhandara, Maharashtra.

---- Applicants

Versus

• State of Chhattisgarh Through Police Station Pulgaon, District Durg, Chhattisgarh.

---- Respondent __________________________________________________________________ For Applicants : Ms. Swati Verma, Advocate.

For Respondent/State : Shri Devendra Pratap Singh, Dy. A.G.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 08/05/2020

1. The matter is heard through video-conferencing.

2. The applicants have preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as they are arrested in connection with crime No. 111/2020, registered at Police Station - Pulgaon, District- Durg, (C.G.) for the offence punishable under Sections 4, 6, 10, 11, of C.G. Agricultural Cattle Preservation Act 2004 and Section 66 & 192 of Motor Vehicle Act.

3. As per the prosecution story, on the date of incident both the applicants were transporting four cattles in Bolero Pickup Van bearing registration No. MH 36 AA 1590. It is alleged that applicants were taking the cattles to a slaughter house. On the basis of the said, offence has been registered against the applicants. They were taken into custody on 16.03.2020.

4. Learned Counsel appearing on behalf of the Applicants submits that the Applicants are innocent and have been falsely implicated in the case. She further submits that maximum punishment for the alleged Act is three years. Applicants are in custody since 16.03.2020, chargesheet has not been filed and trial is likely to take some time. Therefore, it is prayed that applicants may be released on bail.

5. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

6. I have heard learned Counsel for the parties.

7. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the applicants are in custody since 16.03.2020 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release them on bail.

8. Accordingly, the bail application is allowed.

9. It is directed that the Applicants shall be released on bail on each of them executing personal bond for a sum of Rs. 1,00,000/- with two solvent sureties each of Rs. 50,000/- for the like amount to the satisfaction of the concerned Trial Court for their appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Prakash