Mo. Ramjan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1037 of 2016 • Mo. Ramjan S/o Mo. Abdul Hamid Aged About 60 Years R/o Village Jhink Bijuri, Tahsil Jaitpur, District Shahdol, Madhya Pradesh. --- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Kelhari, District Koriya, Chhattisgarh. --- Respondent For the applicant :

Mr. Pushpendra Singh Baghel, Adv.

For the State :

Ms. Sunita Jain, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 02.12.2016

1. Apprehending arrest in connection with Crime No. 43/2016 registered at Police Station Durg, Distt. Durg (C.G) for the offences punishable under sections 6, 10 of C.G. Krishak Pashu Parirakshan Adhiniyam, 2004 & Section 11(1)(g)(h) of Pashu Krurta Adhiniyam, 1950.

2. As per the prosecution case, on 15.05.2016 an information was received that a Truck bearing No. M.P.53-G.A/2818 was carrying cattle to the slaughter house and when the said truck was intercepted, 16 cattle were seized. During investigation, driver Sudhakar Prasad has stated that at the instructions of the present applicant the cattle were being taken to slaughter house, thereby the offence has been committed.

3. Learned counsel for the applicant would submit that at the relevant time the applicant was not at the spot and he has been falsely implicated only on the statement of

driver, therefore, he may be admitted to anticipatory bail.

4. Per contra, learned State Counsel opposes the prayer and would submit that against the applicant, similar nature of case was registered in the year 2015 vide Crime No.41/2015.

5. Taking into the background of the case and similar nature of the case was registered against the applicant as also the fact that the investigation is still going on, I am not inclined to allow this bail application. Accordingly, it is rejected.

Sd/- GOUTAM BHADURI JUDGE R a o