Ved Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5879 of 2020 • Ved Kumar S/o Mansharam, Aged About 30 Years R/o Village Ojhagahan, Tehsil And P.S. Gurur, District Balod, Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh Through, SHO P.S. Gunderdehi, District Balod, Chhattisgarh.

---- Respondent ___________________________________________________________________ For Applicant :

Shri B. P. Singh, Advocate For State :

Shri Alok Bakshi, Addl. A.G.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 13/10/2020

1. Heard on application for grant of bail.

2. The applicant has been arrested on 23.07.2020, on the allegation of having committed offence under Sections 4, 6 and 10 of Chhattisgarh krishak Pashu Parirakshan Adhiniyam, 2004 and Section 11(1)d of the Prevention of Cruelty to Animals Act, 1960. He moved this application for grant of bail in connection with Crime No.326/2020 registered at Police Station- Gunderdehi, District Balod, Chhattisgarh.

3. Prosecution case is that the 38 cattle were being transported in truck by other co-accused and cattle were being taken to the slaughter house. During investigation, it was found that the applicant was involved in illegal transportation of cattle for slaughter .

4. Learned counsel for the applicant would submit that the applicant has been arrested only on suspicion. The applicant was not found in the vehicle with the cattle or with the other accused. It is also submitted that investigation is complete, charge-sheet has been filed and the applicant is in jail since 23.07.2020, therefore, at this stage the applicant may be granted bail.

5. On the other hand, learned State Counsel opposes the prayer for grant of bail and submits that though the applicant was not found in the vehicle in which cattle were being transported but other co-accused who were found in the vehicle have clearly stated that the applicant is also involved in alleged commission of offence.

6. I have heard learned counsel for the parties and taking into consideration the nature of allegation, also considering the pre-trial detention, investigation is complete, charge-sheet has been filed and maximum sentence which could be awarded at alleged commission of offence is 3 years or with fine which may extend to ten thousand rupees or with both, it is a fit case for grant of bail.

7. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on bail, on his furnishing a personal bond in the sum of Rs.25,000/- with one local sureties for the like amount to the satisfaction of the Trial Court on the condition that- a) He shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

b) The applicant shall not in any manner, tamper with the prosecution witnesses.

Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Nadim