Yusuf Ansari v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 5786 of 2015

1. Yusuf Ansari, S/o. Late Samsuddin Ansari, aged about 46 years,

2. Aftab Ansari, S/o. Late Liyakat Ansari, aged about 40 years, Both are R/o. Village Vijaynagar, P. Chauki -Vijaynagar, P.S. Ramanujganj, District Balrampur (C.G.) ----Applicants

Versus

1. State Of Chhattisgarh, Through : Station House Officer, Police Station Ramanujganj, District Balrampur, Chhattisgarh. ---- Respondent For Applicants :

Mr. Arun Kumar Shukla, Advocate For Respondent/State :

Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 02/11/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No.67/2015, registered at Police Station - Ramanujganj, District Balrampur (C.G.) for the offence punishable under Section 4, 6 & 10, C.G. Krishi Pashu Parirakshan Adhiniyam & Section 11 (a), (b) of Prevention of Cruelty to Animals Act.

2.

Case of the prosecution, in brief, is that on 03.06.2015, the applicants are taking 17 cattle to the slater house and when they were intercepted, they fled away taking the advantage of darkness of the night. Subsequently, during the investigation, it came to notice that the

Page No.2 applicants are involved in the crime and the applicants were arrested on 01.09.2015.

3.

Learned counsel for the applicants would submit that the charge sheet has been filed and the offences are triable by Judicial Magistrate First Class. Therefore, he prays that the applicants may be enlarged on bail. 4.

On the other hand, learned counsel for the State opposes the bail application.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Having regard to the fact that the charge sheet has been filed and offence was registered on 03.06.2015 and the applicants were arrested on 01.09.2015 almost after 3 months. Taking into account the fact and the detention of the applicant, this Court is of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicants shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram