Ganesh Ram Dogre v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 6185 of 2018 Ganesh Ram Dogre, S/o. Late Rameshwar Dogre, Aged About 50 Years, R/o. Gadadih Near Bus Stand Police Station Utai District- Durg, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through : The District- Magistrate, District- Durg, Chhattisgarh For Police Station Ranitarai, District- Durg, Chhattisgarh. ---- Respondent For Applicant :

Mr. Avinash Chand Sahu, Advocate For Respondent :

Mrs. Madhunisha Singh, P.L.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 28/09/2018 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 in connection with Crime No.62/2018, registered at Police Station- Rani Tarai, District - Durg (C.G.) for the offence punishable under Section 4, 6, 10 of C.G. Agriculture Animals Protection Act, 2004, Section 66/192 of Motor Vehicle Act and Section 11 (J) of Animal Cruelties Act.

2.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The applicant is in jail since 31.05.2018. Similarly placed co-accused persons namely Shyama Charan Madhukar and Mahaveer Yadu have been enlarged on bail by this Court. Further the investigation has been completed and charge-sheet has been filed. Hence, it is prayed that the applicant may be enlarged on bail.

3.

On the other hand, the learned counsel appearing for the State opposes the bail application and the submission made in this respect. 4.

I have heard the learned counsel for the parties and perused the documents placed on record.

5.

The case against the applicant is this that he along with other coaccused persons were transporting the stolen agricultural cattle in truck bearing No.C.G.-04-MD-9277, when they were stopped and arrested by the police personnel of police station - Rani Tarai, District - Durg and the cattle were seized from their possession Hence, this case.

6.

Considered the submissions made and the contents of the case diary. After considering the facts and circumstances of the case and further taking into consideration this fact that similarly placed co-accused persons have been enlarged on bail by this Court, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

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

8.

It is directed that the applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram