Munshi Pardhi & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2824 of 2019 1.

Munshi Pardhi S/o Gajeram Pardhi Aged About 40 Years R/o Village Ghatiya Ghurd, Police Station Nandani, Tahsil Ahiwara, District Durg Chhattisgarh 2.

Ravi Pardhi S/o Raj Kumar Pardhi Aged About 24 Years R/o Village Ghatiya Ghurd, Police Station Nandani, Tahsil Ahiwara, District Durg Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through The District Magistrate Durg, District Durg Chhattisgarh ---- Non Applicant MCRC No. 2887 of 2019 • Raja Pardhi S/o Raj Kumar Pardhi Aged About 25 Years R/o Village Chuchrungpur, Simga, Police Station Simga, District Balodabazar Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The District Magistrate Durg District Durg Chhattisgarh ----Non Applicant For the Applicants :

Shri Jitendra Gupta, Advocate For Non Applicant :

Shri SRJ Jaiswal, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 09.05.2019 1.

Since both the petitions arise from same crime No., these bail petitions are being disposed off simultaneously.

2.

These are first bail applications under Section 439 of the Cr.P.C. preferred by the applicants before this Court and no other bail application is pending before any other Court.

3.

Perused the case diary provided by the learned counsel for the State in connection with Crime No.136/2019 registered at Police Station- Purani Bhaili, District- Durg (C.G.) for the offence punishable under Sections 4, 6, 10 of Chhattisagarh Pashu Parirakshan Adhiniyam, 2004 and Section 11(1) (?k) of Pashuo Ke Prati Krurta Ka Nivaran Adhiniyam-1960.

4.

Case of the prosecution, in brief is that on 28.03.2019, applicants and co-accused were transporting 88 bulls from Kumhari, they were taking bulls to slaughter house without giving them fodder.

5.

Learned counsel for the applicants submits that applicants have no criminal background, they are innocent and have been falsely implicated in the present case, therefore, they shall be released on bail.

6.

On the other hand, learned counsel for the State opposes the bail application, however, submits that there is no criminal antecedent against the applicants in police case diary. 7.

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 each applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond of Rs.25,000/- to the satisfaction of the concerned trial Court, they shall be released on bail.

8.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Parul