Nirip Lal & ORS. v. The State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4709 of 2020
1. Nirip Lal S/o Shri Manbodh Ekka, aged about 36 years, by Caste Uraon.
2.
Naihar Say S/o Shri Jahar Say, aged about 25 years, by caste Uraon.
3. Jugal Ekka S/o Shri Sonu Ekka, aged about 28 year by caste Uraon.
4. Ramu Ekka S/o Shri Dalbeer Ekka, aged about 28 year, by caste Uraon.
5. Hriday S/o Shri Budhram Kindo, aged about 40 years, by caste Uraon.
6. Jagat Ram S/o Matiram Kander, aged about 45 years, by caste Uraon, All are residence of village Tihali Sarai (Deewanpur), Thana & Tahsil Patthalgaon, District Jashpur (C.G.) ---- Applicant
Versus
• State of Chhattisgarh Through : Station House OfÏcer, Police Station Patthalgaon, District Jashpur (C.G.) ---- Respondent For Applicants :
Shri Sunil Sahu, Adv.
For Respondent :
Shri Vimlesh Bajpai, G.A.
Hon'ble Smt Justice Rajani Dubey Order on Board 31/08/2020 1.
The applicants have preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are arrested in connection with Crime No.55/2020, registered at Police Station - Patthalgaon, District Jashpur (C.G.) for the offence punishable under Sections 429, 120-B IPC, Sections 4, 5, 10 of C.G. Krishak Pashu Parirakshan Adhiniyam 2004 (The Chhattisgarh Agriculture Cattle Preservation Act 2004). 2.
The prosecution story, in brief, is that the police of police Station Patthalgaon received a secret information that villagers of village Diwanpur have kept some animal for slaughter purpose. Acting of the tip-off, the police reached the place of incident and seized skin
and cattle meat from the applicants. Based on this, offence has been registered. The present applicants have been taken into custody on 12.04.2020.
3.
Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. He also submits that the applicants are ready to furnish adequate security and shall abide by all the directions and conditions which may be imposed by this Hon'ble Court. He also submits that the offence is triable by Magistrate, charge sheet has been filed, the applicants are in custody since 12.04.2020 and there is no likelihood of their case being decided in near future. Therefore, they may be released on bail.
4.
On the other hand, learned counsel for the State opposed the bail application.
5.
I have heard learned counsel for the parties and perused the record.
6.
Considering the totality of the facts and circumstances of the case, nature of offence and further considering the fact that the applicants are in custody since 12.04.2020, the offence is triable by Magistrate, charge sheet has been filed and the trial is likely to take some time, without further commenting on merits of the case, I am inclined to release the applicants on bail. 7.
Accordingly, the bail applications are allowed. 8.
It is directed that the applicants shall be released on bail on their executing a personal bond for a sum of Rs.25,000/- each with one solvent surety for the like amount to the satisfaction of the trial Court for their appearance before the said Court as and when directed.
Certified copy, as per rules.
Sd/- (Rajani Dubey) Judge Pekde