High Court Of ChhattisgarhMCRC/6353/2016allowed

Dinesh Dhruv And ANR. v. State Of Chhattisgarh

2016-10-18Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6353 of 2016

1. Dinesh Dhruv S/o Nanku Dhruv Aged About 19 Years R/o Chhatva Talab, Bhanpuri, Police Station Khamtarai, District Raipur, Chhattisgarh

2. Suresh Yadav S/o Shiv Kumar Yadav Aged About 30 Years R/o Yadav Basti, Bhanpuri, Police Station Khamtarai, District Raipur, Chhattisgarh --- Applicants

Versus

• State of Chhattisgarh through Station House Officer, Police Station Vidhan Sabha, Raipur, District Raipur Chhattisgarh --- Respondent For the applicants :

Mr. Vimlesh Bajpai, Advocate For the Respondent :

Mr. Wasim Miyan, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 18.10.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 133 of 2016 registered at P.S. Vidhan Sabha, Raipur (C.G) for the offence punishable under Section 10 of the Chhattisgarh Agriculture Cattel Protection Act, 2004.

2. As per the prosecution case, on 10.06.2016 a report was made by one Ravi Verma that the applicants were carrying six buffaloes to the slaughter house and after receiving such information the police party reached to the place where the applicants were caught with the buffaloes thereby the offence is committed.

3. Learned counsel for the applicants would submit that the applicants have been falsely implicated and they were being blackmailed, as such, false allegations have been attributed

against them. He further submits that the charge sheet has been filed and the applicants are in jail since 10.06.2016, therefore, they may be released on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary and other documents.

6. Considering the facts and circumstances of the case and the nature of allegations levelled against them as also the fact that the charge sheet in this case has been filed and the applicants are in jail since 10.06.2016, I am inclined to allow this bail application.

7. Accordingly, the bail application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond in sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court. They shall also appear before the trial Court as and when directed by the said Court. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o