High Court Of ChhattisgarhMCRC/3207/2018allowed

Narayan Rathiya & ORS. v. State Of Chhattisgarh

2018-06-27Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3207 of 2018

1. Narayan Rathiya S/o Gensingh Rathiya Aged About 40 Years R/oVillage Supkalo, Police Station Kapu, District- Raigarh, Chhattisgarh

2. Jagdish Banjare S/o Bhagat Ram Banjare Aged About 40 Years R/oVillage Sonpur, Police Station Kapu, District : Raigarh, Chhattisgarh

3. Shivprasad Verma S/o Ratthuram Verma Aged About 38 Years R/oMeriguda, Police Station Dharamjaigarh, District Raigarh, Chhattisgarh --- Petitioners

Versus

State of Chhattisgarh through Station House Officer, Police of Police Station Bhatapara (Gramin), District- Baloda Bazar- Bhatapara, Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh --- Respondent For the applicant :

Mr. Anil Gulati, Advocate.

For the Respondent :

Mr. Suryakant Mishra, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board .06.2018

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.99/2018 registered at Police Station Bhatapara (Gramin) Distt. Baloda Bazar Bhatapara (C.G) for the offences punishable under Sections 4, 6 of the Chhattisgarh Krishak Pashu Parirakshan Adhiniyam, 2004 & section 11 (1) (Gha) of Prevention of Cruelty to Animals Act.

2. As per the prosecution case, the applicants were driving away 37 calves to the slaughter house and on the way they were arrested.

3. Learned counsel for the applicant submits that only on presumption, the applicants have been arrested and they have purchased the cattle as they were dealing in business of cattle. He further submits that charge sheet has been filed, no further investigation is necessary and the the applicants are in jail since 20.03.2018, therefore, they may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application.

5. Considering the fact that the charge sheet has been filed, no further investigation is necessary and the applicants are in jail since 20.03.2018, I am inclined to allow this bail application.

6. Accordingly, the bail application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond in sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court for their appearance before the said Court as and when directed.

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o