High Court Of ChhattisgarhMCRC/3958/2021allowed

Mohd. Azad Momin And ANR. v. State Of Chhattisgarh

2021-07-27Hon'Ble The Acting Chief Justice2 pages

MCRC No. 3958 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3958 of 2021

1. Mohd. Azad Momin, son of Mohd. Ramjan Momin, aged about 35 years,

2. Kutub Khan @ Kutub Momin, S/o Uddin, aged about 60 years, Both are resident of Village Amtahi, Police Station Samripath, District Balrampur-Ramanujganj (CG) ---- Applicant

Versus

State Of Chhattisgarh Through the Station House Officer, Police Station Samripath, District Balrampur - Ramanujganj (CG) ---- Non-Applicant For Applicant : Shri VK Pandey, Advocate.

For Non-Applicant : Shri Vikram Sharma, Deputy GA. Proceeding Through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag CJ Order On Board 27/07/2021 :

1. The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No.17/2021 registered in PS: Samripath, District Balrampur - Ramanujganj for offence under Sections 4, 6 & 10 of the Chhattisgarh Krishak Pashu Parirakshan Adhiniyam and Section 11-D of the Animal Cruelty Act.

2. These two applicants along with 4 other accused persons were illicitly transporting 5 Cows, 4 Cow Calves and 8 Bulls who were taken to Jharkahnd and were intercepted in the midst of forest near Satmodwa

MCRC No. 3958 of 2021 Ghat at about 12.30 am on 8.4.2021.

3. Learned State Counsel would oppose the prayer for grant of bail on submission that applicant No.2 Kutub Khan @ Kutub Momin has previous antecedents of committing similar nature of crime.

4. Considering that the offences are triable by the Judicial Magistrate 1st Class, charge sheet has already been filed and moreover, the present applicants have been released on interim bail, I am inclined to release both of them on regular bail.

5. Accordingly, the application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court. Sd/- (Prashant Kumar Mishra) Acting Chief Justice Barve