Milan Bharti v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3735 of 2019 Milan Bharti, S/o Shri Bholaram Bharti, aged about 26 years, R/o Village Amner, Police Station and Tahsil Abhanpur, District Raipur (CG). ---- Applicant

Versus

State of Chhattisgarh, through Police Station Abhanpur, District Raipur (CG). ---- Non-applicant For Applicant : Mr. Pushpendra Kumar Patel, Advocate.

For Non-applicant : Mr. Ashutosh Pandey, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 20.06.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2.

Perused the case diary provided by the counsel for the State in connection with crime No.194/2019 registered at Police Station Abhanpur, District Raipur for the offence punishable under Sections 4, 11 of C.G. Krishak Parirakshan Adhiniyam, 2004 and Section 429 of Indian Penal Code.

3.

Case of the prosecution, in brief is that on 06.04.2019 between 7.00 pm to 8.00 pm near Aamnerkhaar, the applicant and co-accused Jitendra Bharti and Sameer Musalman had killed three cattle, who were fit for agricultural purpose.

4.

Counsel for the applicant submits that the applicant has not committed any offence. He is an innocent and has been falsely implicated in the present case, therefore, he may be released on bail. 5.

On the other hand, counsel for the State opposes the bail application, however, he submits that no criminal antecedent is reported against the applicant in police case diary.

6.

Looking to the above facts and circumstances of the case, the bail application is allowed. It is ordered that if the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with one personal bond of the like sum to the satisfaction of the trial Court concerned, he be released on bail.

7.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE L/-