Champa Lal Mandavi v. The State Of Chhattisgarh

MCRC No. 9112 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9112 of 2021 • Champa Lal Mandavi S/o Sukau Ram Aged About 42 Years Caste Gond, R/o Village Garda, Village Panchayat Himoda, Tahsil Antagarh, District North Bastar Kanker Chhattisgarh. ---- Applicant

Versus

• The State Of Chhattisgarh Through Station House Officer, At Police Station Antagarh , District North Baster Kanker , Chhattisgarh.

---- Respondent For Applicant :- Mr. Amit Kumar Sahu, Advocate For Respondent-State :- Mr. B.P. Banjare, PL Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 17/12/2021

1. The applicant has preferred this bail application under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with crime No.89/2021 registered in Police Station Antagarh, District North Bastar Kanker C.G. for the offence punishable under Sections 4,6 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004. Cruelty to Animals Act.

2. Case of the prosecution, in brief, is that on 08.11.2021, the complainant lodged a written report stating that prior to one

MCRC No. 9112 of 2021 month of date of incident i.e., on 03.9.2021 at 10 p.m. coaccused persons namely; Siyaram Dhruv, Manikram Kumeti, Bhanu Salam, Sanauram and Jalsingh were taking one ox in tractor from house of Laxminath and after cutting the ox they distributed the meat among themselves, on the basis of which crime was registered and applicants were arrested.

3. Learned counsel for the applicant would submit that the present applicant is an innocent person and has been falsely implicated. He would further submit that the applicant is in jail since 08.11.2021 and the offence is triable by JMFC.

4. Per contra, learned State counsel would oppose the prayer for grant of bail.

5. Considering the nature of allegation as also considering the period of detention and offence is triable by JMFC, this Court is inclined to release the applicant on bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on executing a personal bond for a sum of Rs.5,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Certified copy as per rules.

SD/- (Deepak Kumar Tiwari) Judge Ayushi