Istekhar Ansari v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.7674 of 2020 Istekhar Ansari S/o Yasin Ansari @ Bhola Ansari Aged About 24 Years R/o Village Matouri, Post Karso, P. S. Chainpur, District Palamu Jharkhand Presently R/o Village Manpur, Police Station Ranka, District Garhwa Jharkhand, District : Garhwa *, Jharkhand ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Raghunathnagar, District Balrampur-Ramanujganj Chhattisgarh ---- Respondent For Applicant :

Shri Arun Kumar Shukla, Advocate For Respondent/State :

Smt. Fouzia Mirza, Additional A.G.

S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 16/12/2020 Heard.

1. The applicant has been arrested in connection with Crime No.98/2020 registered at Police Station- Raghunathnagar, District Balrampur Ramanujganj (CG) for the alleged commission of offence under Section 4, 6 & 10 of C.G. Krishak Pashu Paripakshan Adhiniyam and Section 11 (1-d) of Pashu Krurta Adhiniyam and Section 66/192 of M.V. Act.

2. Case of the prosecution is that the applicant was transporting agriculture cattle which is alleged to be transported for being slaughtered.

3. Learned counsel for the applicant would submit that the allegation against the applicant is false, no prima facie case is made out. It is further submitted that the applicant is in jail since 13/09/2020, investigation is complete and charge-sheet has been filed and there is no material to show that the applicant is likely to abscond or tamper with the prosecution witnesses, therefore, he may be granted bail.

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

-2and submits that prima facie case is made out because in presence of witnesses, agriculture cattle which were being transported by the applicant were seized from his possession and the applicant failed to produce any valid authority of possession. Therefore, the applicant may not be granted bail.

5. Taking into consideration the submission of learned counsel for the parties, totality of the circumstance and that the applicant is in jail since 13.09.2020, investigation is complete, charge-sheet has been filed and there is no material to show that the applicant is likely to abscond or tamper with the prosecution witnesses and maximum punishment which could be awarded in the alleged commission of offence, the application is allowed.

6. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with two local sureties for the like amount to the satisfaction of the concerned trial Court with following further conditions:

(i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha