Praveen @ Damu Masih v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3695 of 2018 Praveen @ Damu Masih S/o Daniyal Masih Aged About 37 Years R/o- Village Ganeshpur, Police Station Simga, District- Baloda Bazar-Bhatapara, CG ---- Applicant

Versus

State of Chhattisgarh through- Station House Officer, Police of Police Station Simga, District- Baloda Bazar- Bhatapara, CG ---- Respondent For applicant Mr. Anil Gulati, Adv.

For Respondent/State Mr. Sunita Jain, PL Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 10-71. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other court.

2. The applicant has been arrested on 5-2-2018 in connection with Crime No. 35/2018 registered in police station Simga, Distt. Baloda Bajar, Bhatapara (CG) for offence punishable under Sections 4, 6, 10 of the CG Krishak Pashu Parirakshan Adhiniyam and Section 429 of the IPC.

3. Prosecution story in brief is that 5-2-2018 at about 11.15 am in village Ganeshpur, from the house of the applicant, 20 kg beef was seized.

4. Looking to the above facts and circumstances of the case, looking to the facts that there is no likelihood of the accused to abscond and tamper the evidence, trial will take its own time, applicant is in custody since 5-2-2018, the offence is triable by

JMFC, there is no antecedent reported against the applicant, this Court is inclined to give benefit of Section 439 of the Cr.P.C. to the applicant. Consequently, the application is allowed. It is ordered that if the applicant furnishes one solvent surety for a sum of Rs. 20,000/- along with one personal bond of the like sum to the satisfaction of the trial Court concerned with the condition that he will appear before the concerned trial Court at 11 AM as and when directed till trial, he be released on bail.

5. CC as per rules.

Sd/- (Sharad Kumar Gupta) Judge Pathak