Kaleshwar Singh And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 77 of 2017

1. Kaleshwar Singh, S/o. Ramsai, Aged About 27 Years, Occupation Agriculture, R/o. Village Surta, Police Station Ramanujnagar, District Surajpur, Chhattisgarh.

2. Shahjahan Khan, S/o. Gulam Mohammad, Aged About 32 Years, Occupation Agriculture, R/o. Village Surta, Police Station Ramanujnagar, District Surajpur, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh, Through the Chowki Incharge Kedma, Police Station Udaipur, District Sarguja, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicants :

Mr. Jitendra Shrivastava, Advocate For Respondent :

Mr. Anant Bajpai, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 17/01/2017 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 in connection with Crime No.122/2016 registered at Chowki- Kedma, Police Station- Udaipur, District Sarguja (C.G.) for the offence punishable under Sections 4, 6 & 10 of the C.G. Krishak Pashu Parirakshan Adhiniyam, 2004. 2.

Case of the prosecution, in brief, is that on a raid being conducted, on information received that the applicants were carrying cattle to the slaughter house, the applicants were arrested as 26 cattle were driven away; thereby the offence has been committed. 3.

Learned counsel for the applicants would submit that the applicants have been falsely implicated and there is no evidence

to show that the cattle were taken to the slaughter house. He further submits that the charge sheet has been filed and no further investigation is necessary, therefore, the applicants may be released on bail.

4.

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

5.

Perused the case diary and the documents. Considering the facts and circumstances of the case and the fact that the charge sheet has been filed and the applicants are in jail since 19.12.2016 and no further investigation is necessary, I am inclined to release the applicants on bail.

6.

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

7.

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