High Court Of ChhattisgarhMCRC/3154/2018allowed

Shekh Mustak And ANR. v. State Of Chhattisgarh

2018-06-26Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3154 of 2018

1. Shekh Mustak S/o Shekh Bakhsh Aged About 35 Years R/o Babarpur, Islam Nagar Muhalla, Police Station Babarpur District Itava Uttar Pradesh, District : Etawah, Uttar Pradesh

2. Seebu S/o Abdul Bari Aged About 27 Years R/o Kalpi, Police Station Kalpi, District Jalanl Uttar Pradesh, District : Jalaun, Uttar Pradesh --- Petitioners

Versus

State of Chhattisgarh through the Police Station Chilpi, District : Kawardha (Kabirdham), Chhattisgarh --- Respondent For the applicant :

Mr. A.S. Rajput, Advocate.

For the Respondent :

Mrs. Astha Shukla, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board .0 6 .2018

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicants in connection with Crime No. 09/2018 registered at Police Station Chilpi, District Kabirdham (C.G) for the offences punishable under Sections 04, 06, 10 of Krishak Pasu Parirakshan Adhiniyam.

2. As per the prosecution case, on 31.03.2018 the applicants who were transporting cattle to the slaughter house in vehicle bearing No. U.P. 78 CN 5391 was detained and were arrested and the offence u/ss 4, 6 & 10 of Krishak Pashu Parirakshan Adhiniyam was registered against the applicants.

3. Learned counsel for the applicants submits that applicants are dealing in purchase and sale of cattle and only on the

basis of apprehension, the applicants have been arrested. He further submits that there is no evidence to the fact that the cattle were taken to the slaughter house. He also submits that the charge sheet has been filed, no further investigation is necessary and the applicants are in jail since 31.3.2018, therefore, he 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 and the applicants are in jail since 31.03.2018, 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