Sahil Masih v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6988 of 2018 • Sittu @ Tulram Satnami, aged about 27 years, son of late Ghunaram Satnami, resident of village Deogaon, post Khauna, P.S. Kharora, District Raipur (C.G.). ---- Applicant

Versus

• State Of Chhattisgarh Through, P.S.O. Police Station Kharora, District Raipur (C.G.).

---- Respondent And MCRC No. 7943 of 2018 • Sahil Masih, aged about 27 years, S/o Sanjay, R/o Ganeshpur, P.S. Simga, District Balodabazar - Bhatapara (C.G.) .

---- Applicant • Versus • State Of Chhattisgarh Through- Station House OfÏcer, P.S. Kharora, Raipur, District Raipur, Chhattisgarh. ---- Respondent For Applicants :

Shri P.K. Patel and Shri Dharmesh Shrivastava under the authority of Shri Atanu Ghosh, Advocates.

For Respondent :

Shri Aditya Sharma, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board /10/2018 1.

The applicants have filed these applications under Section 439 of the Code of Criminal Procedure for grant of regular bail as applicant in MCRC No.6988/2018 is in custody since 14.08.2018 and applicant in MCRC No.7943/2018 is in custody since 13.07.2018 in

connection with Crime No.256/2018 registered at Police Station : Kharora, District Raipur (C.G.) for the offence punishable under Sections 6, 11 of Chhattisgarh Agriculture Cattle Preservation Act, 2004 and Sections 11 (C) & 10 of Prevention of Animal Cruelty Act. 2.

The allegation against the applicants is that they were transporting cattle to the slaughter house in cruel manner and while transporting the cattle they were arrested by the police and offence was registered against them.

3.

Learned counsel for the appellants submit that the applicants have been falsely implicated in the crime in question. Learned counsel further submit that the applicants are in jail for more than three months, the charge sheet has been filed and there is no likelihood of their case being decided in near future and, therefore, they may be released on bail.

4.

On the other hand, learned State counsel opposes the bail application.

5.

I have heard learned counsel for the parties and perused the record.

6.

Considering the fact that the charge-sheet has been filed, the applicants are in jail for more than three months, and further considering the fact that the trial will take some time and the case is triable by JMFC, this Court is of the opinion that it is a fit case to release the

applicants on bail.

7.

Accordingly, the applications are allowed and the applicants are directed to be released on bail on their furnishing a personal bond of Rs.25,000/- each with one surety for the like sum to the satisfaction of the concerned Court for their appearance before it as and when directed.

Sd/- (Rajani Dubey) Judge Vijay