Firan Lakra v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5400 of 2018 Firan Lakra S/o Shri Lodo Lakra, aged about 52 years, by Caste- Uraon, R/o Village- Jheradih Patrapali, Thana- Patthalgaon, Distt. Jashpur (C.G.). --- Applicant

Versus

State of Chhattisgarh, Through the Station House Officer, Police StationPatthalgaon, Distt. - Jashpur (C.G.). ---- Respondent For Applicant :

Mr. Sumit Shrivastava, Advocate For Respondent :

Mr. Anant Bajpai, PL Hon'ble Shri Justice Arvind Singh Chandel Order on Board 24/08/2018 1.

The applicant has preferred this First bail application under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with Crime No. 127/2018 registered at Police StationPatthalgaon, Distt.- Jashpur (C.G.) for the offence punishable under Sections 429 and 120-B of the IPC and Section 10 of the Chhattisgarh Krishak Pashu Parirakshan Adhiniyam, 2004.

2.

As per prosecution story on 26/05/2018, the police of police StationPatthalgaon received an information that some persons are transporting the animal meat i.e. Beef. On the basis of said information, the police party reached the spot and seized the beef from co-accused Sahdev and his memorandum statement was recorded in which he named the present applicant. During course of investigation, on the basis of memorandum statement of the present applicant, one

knife was seized from his possession. It is alleged that the said knife was used to cut the alleged beef. The applicant was arrested on 11/06/2018.

3.

Learned counsel for the applicant submits that apart from the recovery of knife, there is nothing on record on the basis of which, it can be said that the present applicant was involved in crime in question. The incident happened on 25/05/2018 and memorandum statement of the applicant was recorded on 10/06/2018. He further submits that coaccused Sahdev is the main accused who has already been granted bail by this Court, therefore, the applicant may be released on bail. 4.

Per contra, learned counsel appearing on behalf of the State opposes the bail application.

5.

I have heard learned counsel for both the parties. 6.

Considering the above facts and circumstances of the case, particularly that the main accused Sahdev has already been granted bail, the present applicant is in jail since 11/06/2018, charge-sheet has been filed and the trial will likely to take some time, without further commenting on merit of the case, I am inclined to release the applicant on bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one surety for the like amount to the satisfaction of the trial Court. Thereafter, he will appear before the Trial Court on each and every date given by the said Court. Sd/- Judge Arvind Singh Chandel Rahul