Rupeshnath v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4718 of 2016 • Rupeshnath S/O Santoshnath Aged About 22 Years R/O - Village & Police Station - Lakhnagaon, District - Sivni (M.P.) ---- Applicant

Versus

• State Of Chhattisgarh Through District Magistrate P.S. - Aamanaka Raipur Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------------- For Applicant :

Mr. Vikram Singh, Advocate For Respondent/State :

Mr. Anant Bajpai, Panel Lawyer -------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 22-08.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 16-2016 in connection with Crime No. 42 of 2016, registered at Police Station Aamanaka, Raipur (CG) for the offence punishable under Sections 47 (A,B,C), 48, 49 (A, B), 50, 54 (1,2,3) of the Prevention of Cruelty to Animals Act, 1960 and Sections 4, 6, 7, 8, 10 & 11 & amended Sections 4,5 and 6 of the Chhattisgarh Agriculture Cattle Preservation Act,

2. Case of the prosecution is that on 16-02-2016 the applicant was taking away carrying alive cattle (15 buffaloes) in Truck bearing registration bearing No. MH-34 M 7356 and they were being taken for slaughtering purpose. They were intercepted and the applicant was arrested and thereby the aforesaid offence was committed.

3. Learned counsel appearing for the applicant would submit that applicant has been falsely implicated in the case and there is

no evidence on record to show that the applicant was owner of the said cattle. He would further submit that the applicant is only driver of the said vehicle, charge-sheet has been filed in the case, the applicant is in jail since 16-22016 and no further investigation is required, therefore, he may be released on bail.

4. On the other hand, learned State counsel opposing the application for grant of bail would submit that apart from this case, earlier similar nature of offence was registered against the applicant bearing Crime No.75 of 2014 in Police Station Aamanaka, Raipur.

5. I have heard learned counsel for the parties and perused the case diary and documents.

6. Taking into consideration the facts and circumstances of the case, nature and gravity of the offence and further considering the past back-ground of the applicant, I am of the considered opinion, prima facie that it is not a fit case where the applicant can be released on bail.

7. Accordingly, the application filed under Section 439 of the Cr.P.C., for grant of bail is liable to be and is hereby dismissed.

Sd/- (Goutam Bhaduri) Judge Raju