Maniram Rohidas v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4147 of 2018 1.

Maniram Rohidas aged 28 years S/o Umashankar Rohidas, R/o Village Koshir, PS Koshir, Tahsil Sarangarh, District Raigarh, CG ---- Applicant

Versus

1.

State of Chhattisgarh through District Magistrate, Janjgir Champa CG ---- Respondent For Applicant - Shri Ishwar Jaiswal, Advocate For State - Shri Rahul Tamaskar PL Order on Board by Hon'ble Shri Justice Pritinker Diwaker /07/2018 This application under Section 439 of the Code of Criminal Procedure has been filed by the applicant who is in custody in connection with Crime No. 59/2018 registered at Police Station Hasouad for commission of the offence punishable under Sections 429, 295 (A) IPC and 5 of Chhattisgarh Agricultural Cattle Preservation Act, 2004.

2.

Case of the prosecution in short is that the applicant was found in possession of 17 1⁄2 Kg of beef.

3.

Counsel for the applicant submits that the offences alleged against the applicant are triable by Magistrate, that he is in jail since 7.3.2018, that the charge-sheet has been filed by the police but the evidence has not started as yet and that the trial may may take some time for conclusion, he may be released on bail.

3.

State counsel however opposes the application for bail. 4.

Considering the facts and circumstances of the case and that the offences alleged against the applicant are triable by Magistrate and that he is in jail since 7.3.2018, this Court is of the opinion that it is a fit case to release

him on bail. Accordingly, the application is allowed and the applicant is directed to be released on bail in his furnishing a bond in the sum of Rs. 50,000/- with one surety for the like sum to the satisfaction of the concerned Court for his appearance before that Court as and when directed. Sd/- (Pritinker Diwaker) Judge Jyotishi