Mohammad Khan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8069 of 2020 Mohammad Khan, S/o. Late Ramzan Khan, Aged About 62 Years, R/o. Village- Mujgahan, Tehsil And District- Balod, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh, Through Police Station- Balod, District - Balod (Chhattisgarh) ---- Respondent For Applicant :

Mr. Shobhit Koshta, Advocate For Respondent/State :

Mr. Gagan Tiwari, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 05.01.2021 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 20.10.2020 in connection with Crime No.276/2020 registered at Police Station- Balod, District Balod for the offence punishable under Sections 4, 6, 10 of Chhattisgarh Agricultural Cattle Preservation Act, 2014 and Section 11 of Prevention of Cruelty to Animals Act, 1960. 2.

As per the prosecution case, on 24.08.2020 the applicant along with other accused persons were transporting 22 Buffaloes in a Container which were taken for slaughter.

3.

Learned counsel for the applicant would submit that the applicant is in jail since 20.10.2020, the charge sheet has been filed and no further seizure is necessary, therefore, the applicant may be released on bail. 4.

Per contra, learned State counsel opposes the prayer for grant of bail. 5.

On earlier occasion, a query was made to the State whether any similar antecedents are reported against the applicant or not ? State counsel would submit that as per the instructions there is no previous antecedents of the

like nature are reported against the applicant. 6.

Considering the fact that the applicant is in jail since 20.10.2020 and the offences are triable by the J.M.F.C., I am inclined to release the applicant on bail.

7.

Accordingly, the bail application is allowed and the applicant is directed to be released on bail on executing a personal bond in sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- (Goutam Bhaduri) Judge Ashok