Chaituram v. The State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6215 of 2018 • Chaituram S/o Shri Etwaram Kerketta Aged About 30 Years R/o Vijay Nagar Thana- Kapu, Tahsil Dharamjaygarh, District Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ---- Applicant

Versus

• The State Of Chhattisgarh Through The Station House Officer, Police Station Kapu, Civil And Revenue District Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ---- Respondent For Applicant : Mr. Sunil Sahu, Advocate For State/respondent : Mr. Ashok Swarnkar, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 27/09/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail to him as he is in custody in connection with Crime No.35/2018 registered at Police-Station-Kapu, District-Raigarh(C.G.) for the offence punishable under Sections 4, 5, 6 & 10 of the Chhattisgarh Krishak Pashu Parirakshan Adhiniyam, 2004.

2. It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. No case is made out against him. Charge-sheet has been filed, after completion of

investigation. Similarly placed co-accused person Nijal Kujur has been granted regular bail by this Court in MCRC No.6035 of 2018 vide order dated 17.9.2018. Hence, it is prayed that he may be released on regular bail.

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

4. I have heard the learned counsel for both the parties and perused the case diary.

5. The case against the applicant is this, that Police personnel of PSKapu conducted a raid in the premises whether this applicant and others were present and from the spot some beef and other meat was seized, hence, this applicant was arrested in this case.

6. After considering all the material present in the case diary, and for the reason that similarly placed co-accused person has been granted regular bail and also for the reason that charge-sheet has been filed after completion of investigation, I am of this opinion that this is a fit case where applicant should be benefited with grant of regular bail.

7. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is directed that 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, for his appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha