Istekhar Khan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5919 of 2019 • Istekhar Khan S/o Shafiqu Khan Aged About 33 Years R/o Village Mharu, P.S. Bedo, District- Ranchi Jharkhand ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer Police Station Chhal, District- Raigarh, Chhattisgarh., ---- Respondent For Applicant : Shri Manoj Kumar Jaiswal, Advocate For Respondent /State : Shri Akhtar Hussain, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 07/11/2019 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.123/2019 registered at police station Chhal, District Raigarh (CG) for the offence punishable under Sections 11 (1), (Chh) of the CG Prevention of Cruelty of Animal Act. and Sections 4,6 and 10 of the CG Agricultural Cattle Preservation Act.

Case of the prosecution in brief is that on receiving secret information, the applicant was found carrying 40 cows and calves loaded in a truck to the slaughter house at Jharkhand. Counsel for the applicant submits that the applicant has been

falsely implicated in the crime. He further submits that the applicant is in jail since 28.07.2019 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion, therefore he may be released on bail.

On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs.25,000/- with two local sureties for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna