Amrit Pal Singh Dhillo v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.2315 of 2016 Amrit Pal Singh Dhillo, aged about 26 years, S/o Didar Singh, R/o Plot No.250, Babadeep Singh Nagar, Nariroad, P.S. Jaripatka, Civil and Revenue Distt. Nagpur (M.H.) ---- Applicant

Versus

State of Chhattisgarh, Through P.S. Somni, Distt. Rajnandgaon (C.G.) ---- Non-applicant For Applicant:

Mr. Rakesh Thakur, Advocate.

For Non-applicant:

Mr. Satish Gupta, Govt. Advocate.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 18/05/2016

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.164/2015, registered at Police Station Somni, Distt. Rajnandgaon, for the offence punishable under Sections 4, 6, 10, 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960; Sections 47, 48, 50, 52 of the Pashu Parirakshan Adhiniyam; and Section 66/192 of the Motor Vehicles Act.

2. Case of the prosecution, in brief, is that the applicant was found transporting 25 animals inclusive of cow, ox and buffalo, 3 of which were seriously injured. The applicant was taking those animals for butchering in the State of Maharashtra.

3. The truck in which the animals were transported belongs to the applicant's father. On the date of incident, the vehicle was intercepted on which the applicant ran away from the place of occurrence and was arrested later-on, on 15-3-2016.

4. The offences are triable by Judicial Magistrate First Class and none of the offences carries imprisonment of more than seven years. The concerned SHO has not reported any previous antecedents of the

applicant's involvement in committing similar nature of offence or any other heinous offence. Charge-sheet has already been filed, therefore, the prosecution does not need the applicant's custodial interrogation.

5. Considering the entirety of the circumstances, I am of the view that it is a fit case to enlarge the applicant on bail. Accordingly, the application is allowed.

6. It is directed that in the event of applicant's executing a personal bond for a sum of Rs.1,00,000/- with two local sureties for the like amount to the satisfaction of the trial Court concerned, he shall be released on bail. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- Vacation Judge (Prashant Kumar Mishra) Soma