Hemant Kumar Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5970 of 2016 Hemant Kumar Sahu, S/o Kartik @ Hemu Sahu, Aged About 52 Years, R/o Dak Bangla, Gali No. 4, Vivekanand Gali Dhamtari, District Dhamtari, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Of Police Station Rajhara, District Balod, Chhattisgarh. ---- Respondent For applicant - Shri Anil Gulati, Advocate. For Respondent/State - Shri Vinod Tekam, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 3/10/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.33/2016 registered in Police Station Rajhara, District Balod (C.G.) for offence punishable under section 5/180 of Motor Vehicles Act and Section 4, 6, 10 of Chhattisgarh Krishak Pashu Parirakshan Adhiniyam and Section 11(A) of Prevention of Cruelty to Animal Act, 1960.

2.

This is a case of bail jump. The applicant was arrested on 22/02/2016 and thereafter he was bailed out on 24/02/2016. Subsequently, applicant jumped the bail on 5/04/2016 for which he was arrested on 22/08/2016.

3.

Learned counsel for the applicant submits that the applicant had went to earn his livelihood and therefore despite instruction the exemption application could not be made. Consequently, warrant was issued and applicant was arrested, therefore applicant may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Considering the facts and circumstances of the case and detention

of the applicant that he is in jail since 22/08/2016, this court is inclined to release the applicant on bail.

6.

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

Sd/- (Goutam Bhaduri) JUDGE gouri