High Court Of ChhattisgarhMCRC/1589/2017allowed

Narendra Kumar Ratre v. State Of Chhattisgarh

2017-03-22Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1589 of 2017 • Narendra Kumar Ratre S/o Shri Ghanshyam Ratre Aged About 33 Years R/o Mudipar Police Station Bilha District Bilaspur Civil & Revenue District Bilaspur, Chhattisgarh.

---- Petitioner

Versus

• State of Chhattisgarh Through Police Station Dharseeva District Raipur, Chhattisgarh.

---- Respondent ----------------------------------------------------------------------------------------------------------- For Applicant :

Mr. Ajay Mishra, Advocate For Respondent/State :

Mr. U.K.S. Chandel, Panel Lawyer ---------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 22-03-2017 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 3-2-2017 in connection with Crime No. 391 of 2016, registered at Police Station Dharseeva, District Raipur (CG) for the offence punishable under Sections 429 of the IPC, Section 10, 4, 5, 6 of the Transport of Animal Act, 1978 and Section 11 of Prevention of Cruelty of Animal Act, 1960 and Sections 66/192 and 3/81 of the Motor Vehicles Act, 1988..

2. As per prosecution case, on 27-10-2016 on information received by the In-charge of Dharseeva Police Station that the applicant was transporting the cattle to slaughter house in vehicle bearing registration No. CG 10-AB 2169, the said vehicle was intercepted and in the said vehicle total 14 cattle were found out of which 3 cattle already died. Initially the applicant fled away and later on he was arrested.

3. Learned counsel appearing for the applicant would submit that the present applicant was taking the said cattle to other village and he was not taking the cattle to slaughter house. He would further submit that charge-sheet has been filed in the case, the applicant is in jail since 3-2-2017 and no further investigation is necessary, therefore, he may be released on bail.

4. On the other hand, learned State counsel opposed the application for grant of bail.

5. Taking into consideration the facts and circumstances of the case, nature of allegations leveled against the applicant and further considering the fact that charge sheet has been filed, the applicant is in jail since 3-2-2017 and no further investigation is necessary, I am of the considered opinion that prima facie it is a fit case where the applicant can be released on bail.

6. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the trial Court as and when directed.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Raju