Imran v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6349 of 2015 Imran S/o Yasin Qureshi Aged About 36 Years R/o Masanganj, Bilaspur, Tah. & Distt. Bilaspur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, P.S. Ratanpur, Distt. Bilaspur, Chhattisgarh.

---- Respondent For Applicant :- Mr. Anil Gulati, Advocate For Respondent /State :- Mr. Arvind Shukla, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board By 26/11/2015 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. 294/2013, registered at Police Station - Ratanpur, District- Bilaspur (C.G.) for the offence punishable under Sections 11 of Pashu Krurata Nivaran Adhiniyam and section 4,6,& 10 of C.G. Krishak Pashu Parirakshan Adhiniyam.

2. As per prosecution story in short is that the applicant was arrested by Police Station Ratanpur on the allegation that the applicant and other co-accused persons were transporting 18 numbers of agricultural cattle and taking them to the slaughter house.

3. Learned counsel for the applicant submits that the charge-sheet in this case has been filed. He further submits that only on the basis of statement of co-accused Riyaz Ahmad, the applicant has been arrested for the alleged commission of crime and no seizure has been made from the applicant and , therefore, he may be enlarged on bail.

4. Learned State counsel opposes the prayer for grant of bail.

5. Having regard to the fact and gravity of offence, and also the fact that the charge-sheet has been filed and taking into the detention period of the applicant as he is in jail since 29.07.2015, I am of the opinion that it is a fit case where the present applicant can be released on 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.

8. Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Santosh