High Court Of ChhattisgarhMCRC/6572/2016allowed

Prem Sagar Minj v. State Of Chhattisgarh

2016-10-25Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6572 of 2016 • Prem Sagar Minj S/o Late Ganesh, Aged About 60 Years R/o Ramnagarkala, Dharnidharpara, Police Station Balrampur, District Balrampur Ramanujganj, Chhattisgarh. --- Petitioner

Versus

• State of Chhattisgarh Through S.H.O. Balrampur, District Balrampur Ramanujganj, Chhattisgarh. --- Respondent For the applicant :

Mr. Sunil Tripathi, Advocate For the Respondent :

Ms. Sunita Jain, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 25.10.2016

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. 86 of 2016 registered at P.S. Balrampur, Distt. Balrampur-Ramanujganj (C.G) for the offence punishable under Sections 295-A & 379/34 of IPC as also Section 11(A) of Pashu Krurta Adhiniyam.

2. As per the prosecution case, a cow which was fostered and brought-up by complainant Vinod Bakhla was stolen by one of the accused. Thereafter it was killed and flesh of cow was sold to some people and the rest of the flesh was recovered from the possession of the present applicant.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and there is no evidence that the recovered flesh was that of a cow. He further submits that the charge sheet in this case has been filed and no further investigation is necessary, therefore, the

applicant may be enlarged on bail.

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

5. Considering the fact that the charge sheet in this case has been filed and no further investigation is necessary and further looking to the period of detention of the applicant as he is stated to be in jail since 10.08.2016, I am inclined to allow this bail application.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He 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