Vishal Gada v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.5548 of 2015

1. Vishal Gada S/o. Shri Puran, aged about 46 years, by Caste-Gada, R/o Village-Barikpali, Thana-Sankra, Civil & Revenue Distt.-Mahasamund (CG)

2. Premsagar S/o. Shir Lalbihari, aged about 35 years, by Caste-Gada, R/o. Village-Barikpali, Thana-Sankra, Civil & Revenue Distt.- Mahasamund (CG)

3. Beeru Satnami s/o. Shri Bharat, aged about 25 years, by Caste-Satnami, R/o. Village-Savitripur, Thana-Sankra, Civil & Revenue Distt.- Mahasamund (CG)

4. Madan Satnami S/.o. Shri Heeralal, aged about 20 years, by CasteSatnami, R/o. Village-Savitripur, Thana-Sankra, Civil & Revenue Distt.- Mahasamund (CG) ---Applicants

Versus

The State of Chhattisgarh, through the SHO Police Station-Sankra, Distt.-Mahasamund (CG) ---Non-applicant For Applicants :

Mr. Sunil Sahu, Advocate For Non-applicant :

Mr. Anupam Dubey, Dy.Govt.Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 13/10/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No.152/2015, registered at Police Station-Sankra, District-Mahasamund (C.G.), for the offence punishable under Sections 4, 6 and 10 of the Chhattisgarh Krishak Pashu Parirakshan Adhiniyam, 2004.

2.

Case of the prosecution, in brief, the applicants were found in

possession of 25 agricultural schedule animals, which were being transported to Bartunda, State of Orissa for the purpose of slaughtering. 3.

Learned counsel for the applicants would submit that the applicants have not committed any offence and they have falsely been implicated in crime in question. He would further submit that the applicants are in jail since 19.9.2015 and charge-sheet is yet to be filed. 4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

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

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence, the manner in which animals were being taken to other State for the purpose of slaughtering and severity of the punishment, this Court is of the opinion that present is not a fit case, in which, the applicant should be enlarged on regular bail. 7.

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

8.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE B/-