Mohd. Sajid & Others. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6673 of 2020

1. Mohd. Sajid, S/o. Mohd. Shakur, Aged About 31 Years.

2. Ishad Ulla, S/o. Bismat Ulla Khan, Aged About 30 Years.

3. Sheikh Najir, S/o. Sheikh Yasin, Aged About 29 Years.

4. Ajajuddin, S/o. Minajuddin, Aged About 42 Years. All are R/o. Pathanpura Ward No. 13, Murtijapur, Police Station Murtijapur, District Akola (Maharashtra)

5. Sukhdev Sahu, S/o. Johan Sahu, Aged About 34 Years, R/o. Sorar, Police Station Gurur, District Balod (Chhattisgarh) ---- Applicants

Versus

State Of Chhattisgarh, Through Station House Officer, Police Of Police Station Balod, District - Balod (Chhattisgarh) ---- Respondent For Applicants :

Mr. Anil Gulati, Advocate For Respondent/State :

Mr. Gagan Tiwari, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 05.01.2021 1.

This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested on 24.08.2020 in connection with Crime No.276/2020 registered at Police Station- Balod, District Balod for the offence punishable under Sections 4, 6, 10, 11 of Chhattisgarh Krishak Pashu Parirakshan Adhiniyam and Section 11 of Prevention of Cruelty to Animal Act. 2.

As per the prosecution case, on 24.08.2020 the applicants were transporting 22 Buffaloes in a Container which were taken for slaughter. 3.

Learned counsel for the applicants would submit that the applicants are in jail since 24.08.2020, the charge sheet has been filed and no further seizure is necessary, therefore, the applicants may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail. 5.

On earlier occasion, a query was made to the State whether any similar antecedents are reported against the applicants or not ? State counsel would submit that as per the instructions there is no previous antecedents of the like nature are reported against the applicants. 6.

Considering the fact that the applicants are in jail since 24.08.2020 and the offences are triable by the J.M.F.C., I am inclined to release the applicant on bail.

7.

Accordingly, the bail application is allowed and the applicants are directed to be released on bail on executing a personal bond in sum of Rs.50,000/- with one surety each in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court.

Sd/- (Goutam Bhaduri) Judge Ashok