High Court Of ChhattisgarhMCRC/377/2017allowed

Loman Sahu And ANR. v. State Of Chhattisgarh

2017-01-31Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 377 of 2017

1. Loman Sahu S/o Mannuram Sahu, Aged About 22 Years R/o Village Jamli, Police Station Magarlod, Tahsil Magarlod, Civil & Revenue District Dhamtari Chhattisgarh

2. Shtrughan Lahre, S/o Shri Mehatarural Lahre, Aged About 32 Years R/o Village Megha, Police Station Magarlod, Tahsil Magarlod, Civil & Revenue District Dhamtari Chhattisgarh --- Applicants

Versus

• State of Chhattisgarh through Police Station Dugali, Civil & Revenue District Dhamtari Chhattisgarh --- Respondent For the applicants :

Mr. Shivendu Pandya & Mr. Mayank Chandrakar, Advocates For the Respondent :

Mr. Wasim Miyan, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 31.1.2017

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicants in connection with Crime No. 21/2016 registered at P.S. Dugali, Distt. Dhamtari (C.G) for the offence punishable under Sections 4, 6 & 10 of the C.G. Agriculture Cattle Preservation Act, 2004.

2. As per the prosecution case, on 09.11.2016 on an information being received that the present applicants are transporting to the slaughter house in a Pick-up van bearing No.C.G.05-D/1061, the police intercepted the said vehicle and from the vehicle six male calves were recovered.

3. Learned counsel for the applicants would submit that the applicants have been falsely implicated in this case and there is no evidence to the effect that the calves are being

taken to the slaughter house. He further submits that the charge sheet has been filed; no further investigation is necessary and the applicants are in jail since 09.11.2016, therefore, the applicants may be enlarged on bail.

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

5. Perused the case diary. Considering the facts and circumstances of the case especially the fact that the charge sheet has been filed and the applicants are in jail since 09.11.2016, I am inclined to allow this bail application.

6. Accordingly, the bail application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond in sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court. They 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