Sonu Khan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 36 of 2015 • Sonu Khan, S/o Shri Mahbub Khan, aged about 23 years, R/o village Talasbariya, P.S. - Majhigawn, Distt. Garhawa, Jharkhand ---- Applicant

Versus

• State Of Chhattisgarh Through: P.S. Balrampur, Distt. Balrampur, Civil Distt.- Sarguja (C.G.) ---- Non-applicant For Applicant:

Shri Bhupendra Singh, Advocate.

For Respondent/State:

Smt. Madhu Nisha Singh, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 03/08/2015 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No.35/2015 registered at Police Station - Balrampur, Distt. Balrampur for the offences punishable under Sections 4, 6 & 10 of Chhattisgarh Krishak Pashu Parirakshan Adhiniyam, 2004 & 11 of Pashu Krurta Niwaran Adhiniyam.

(2) Case of the prosecution, in brief, is that on 25.03.2015 the applicant was found in transporting four agricultural scheduled animal to other State for the purpose of slaughtering and thereby committed aforesaid offences.

(3) Counsel for the applicant submits that applicant has falsely been implicated in the crime in question as he has not committed any offence. He further submits that the applicant is in detention since 17.06.2015; and the charge sheet has already been filed and, therefore, he may be released on bail.

(4) On the other hand, counsel for the State opposes the bail application.

(5) Taking into consideration the facts & circumstances of the case; further considering the role of the present applicant in offence in question; and the facts that applicant is in jail since 17.06.2015; charge sheet has already been filed; this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the bail application is allowed.

(6) Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-