Preetam Sonwani v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7960 of 2017 Preetam Sonwani S/o Rekhram Sonwani Aged About 27 Years Caste Satnami, R/o Village Kashi Police Station Patna, Civil And Revenue District Durg Chhattisgarh.

---- Applicant

Versus

The State Of Chhattisgarh Through The Police Station Gurur, Civil And Revenue, District Balod Chhattisgarh.

---- Respondent For the Applicant :

Shri Punit Ruparel, Advocate.

For the Respondent/State :

Shri Ashok Swarnakar, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

28.02.2018 Heard.

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.394 of 2017, registered at Police Station - Gurur, District - Balod, Chhattisgarh for the offence punishable under Sections 4, 6 and 10 of the Chhattisgarh Krishak Pashu Parirakshan Adhiniyam, 2004, Section 11 of the Prevention of Cruelty to Animals Act, 1960 and Sections 3/ 181, 66/ 192 and 190/ 177 of the Motor Vehicles Act. 2.

Learned counsel for the applicant submits that the applicant is in jail since 29.10.2017 and he has been falsely implicated in this case. The applicant is a local resident of District Durg. No case is made out against the

applicant on the basis of the material placed before the Court by the prosecution. Similarly, the co-accused persons in this case have been granted bail by the Co-ordinate Bench of this Court. Hence, it is prayed that the applicant be benefited with grant of regular bail. 3.

Learned State counsel opposes the bail application and the submissions made in this respect.

4.

Heard counsel for both the parties and perused the case diary. 5.

On the date of incident, Truck bearing registration No. M.H.-04-C.P.- 8704 was stopped by P.S. Gurur under the jurisdiction of District Durg. On search, it was found that the truck was used for transporting 18 numbers of agricultural cattle in a very cruel manner and in investigation, it was found that the agricultural cattle were being taken to slaughter house at Nagpur. After completion of investigation, the charge-sheet has been filed. 6.

Considering the submissions made and the contents of the case diary and the nature of the case and also the fact that there is no likelihood of his absconding during the pendency of trial against the applicant, I am of the considered view that in this case the applicant deserves to be enlarged on bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the 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.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi