Rajasingh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2946 of 2016 • Rajasingh S/o Rajkumar Singh Aged About 27 Years R/o Aditya Complex, Automotive Chowk, Panchwali, Police Station Nagpur, Permanent Address Jamatpara, Ward No. 4, Police Station Khairagarh, District Rajnandgaon, Chhattisgarh.

--- Petitioner

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Suhela, District Baloda Bazar, Chhattisgarh. --- Respondent For the applicant :

Mr. Anil S. Rajput, Advocate For the Respondent :

Mr. Sumeet Jhawar, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 16.06.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 8/2014 registered at P.S. Suhela Distt. Baloda Bazaar (C.G) for the offence punishable under Section 279, 429 of IPC and sections 4, 6, 10 & 11 of the Chhattisgarh Krishak Pashu Parikshan Adhiniyam, 2011 and Sections 3/181, 66/192, 56/192 of the Motor Vehicles Act.

2. As per the prosecution case, on 10.01.2014 a Truck bearing registration No.N.L.08-A/3206 met with accident and in the Truck 10 cattle were found. Out of them, 3 cattle were injured and one was dead. When the investigation was conducted it was found that the Truck was owned by Rajendra Saini who had given it to Raja Singh the present applicant on lease for 3 years.

3. Learned counsel submits that it is an admitted fact that he

was in possession of the Truck thereby the offence is committed. It is further submitted that the applicant has been arrested on 17.01.2016, charge sheet has been filed and no further investigation is necessary, therefore, the applicant may be enlarged on bail.

4. Learned counsel for the applicant submits that .

5. Per contra, learned State Counsel opposes the bail.

6. Taking into totality of the facts and circumstances especially the fact that charge sheet has been filed and no investigation is necessary and further looking to the detention period of the applicant as he is stated to be in jail since 17.01.2016, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the trial Court as and when directed by the said Court.

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o