Anish Ansari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3953 of 2018 Anish Ansari S/o Majdudadin, aged about 22 years, R/o Village- Sonpurwa, P.S. Ranka, Distt. Garhwa (Jharkhand).

--- Applicant

Versus

State of Chhattisgarh, Through- Police Station- Lakhanpur, Distt. Surguja (C.G.).

---- Respondent For Applicant :

Mr. A.N. Pandey, Advocate For Respondent :

Mr. Ramakant Pandey, PL Hon'ble Shri Justice Arvind Singh Chandel Order on Board 26/06/2018 1.

The applicant has preferred this First bail application under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with Crime No. 85/2018 registered at Police StationLakhanpur, Distt. Surguja (C.G.) for the offence punishable under Sections 4, 6, 10 & 11 of C.G. Krishik Pasu Parirakshan Adhiniyam 2004, under Sections 11 D, N, F & K of Pasu Krurta Niwaran Adhiniyam and Sections 81 & 91 of Motor Vehicle Act. 2.

As per prosecution story on 07/05/2018 on the basis of information received from the informant, the police had searched a vehicle (pickup), wherein, it was found that present applicant along with other co-accused persons was illegally transporting five numbers of cattle. Offence was registered and the applicant was arrested on 07/05/2018. 3.

Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the present

case. He further submits that the offence is triable by JMFC, chargesheet has already been filed, the applicant is in custody since 07/05/2018 and the trial will likely to take some more time to conclude, therefore, the applicant may be released on bail. 4.

Per contra, learned counsel appearing on behalf of the State opposes the bail application.

5.

I have heard learned counsel for both the parties. 6.

Considering the above facts and circumstances of the case, particularly considering that the applicant is in jail since 07/05/2018, charge-sheet has already been filed and the trial will likely to take some time, without further commenting on merit of the case, I am inclined to release the applicant on bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 10,000/- with one surety for the like amount to the satisfaction of the trial Court. Thereafter, he will appear before the Trial Court on each and every date given by the said Court. Sd/- Judge Arvind Singh Chandel Rahul