Sant Masih And ORS. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5465 of 2016
1. Sant Masih S/o Shri Jai Mashi, Aged About 60 Years R/o Village Ganeshpur, Police Station Simga, District Baloda Bazar-Bhatapara Chhattisgarh.
2. Praveen S/o Shri Pradeep Mashi, Aged About 29 Years R/o Village Ganeshpur, Police Station Simga, District Baloda Bazar-Bhatapara Chhattisgarh.
3. Sunil Masih S/o Shri Sant Masih Aged About 29 Years R/o Village Ganeshpur, Police Station Simga, District Baloda Bazar-Bhatapara Chhattisgarh.
--- Applicants
Versus
• State of Chhattisgarh Through Station House Officer, Police Of Police Station Simga, District-Baloda Bazar-Bhatapara Chhattisgarh. --- Respondent For the applicant :
Mr. Anil Gulati, Advocate For the Respondent :
Mr. Anant Bajpai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 15.09.2016
1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicants in connection with Crime No. 168/2016 registered at P.S. Simga, Distt. Baloda Bazar-Bhatapara (C.G) for the offence punishable under Section 429 read with Section 34 IPC and Sections 4,5 & 10, 11 of the Chhattisgarh Krishi Pashu Parirakshan Adhiniyam.
2. As per the prosecution case, on 22.06.2016 at about 12 o' clock on an information received that the applicants have slaughtered a calf, the area was raided and the applicants were found to have slaughtered a calf and the flesh was kept in a bag.
3. Learned counsel for the applicants would submit that the
applicants were cutting a dead calf and there is no PM report to show that a live calf was slaughtered. He further submits that the charge sheet has been filed and no further evidence is required, therefore, the applicants may be enlarged on bail.
4. Per contra, learned State Counsel opposes the bail.
5. Perused the case diary and other documents. Considering the evidence collected on the spot at the time of incident and the back ground of this case, I am not inclined to allow this bail application. Accordingly, it is rejected. Sd/- GOUTAM BHADURI JUDGE R a o