Rajkumar Dahariya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.7857 of 2018 Rajkumar Dahariya son of Kanshiram Dahariya, aged about 31 years, resident of Village-Gourbhat, Police Station-Arang, District-Raipur (CG) ---Applicant

Versus

State of Chhattisgarh, Through Station House Officer, Police Station Amanaka, Raipur, District Raipur (CG) ---Non-Applicant For Applicant :

Mr.C.R.Sahu, Advocate For Non-Applicant :

Mr.Adi Raj Surana, Dy.G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 30/10/2018 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.185/2018, registered at Police Station-Amanaka, Raipur, District-Raipur (CG), for the offence punishable under Sections 47 (A, B, C), 50, 54 (1,2,3) of Animal Transportation Act, Section 11 D, P, F of Cruelty to Animal Act, 1960 and Section 4, 6, 7, 9, 10 and 11 of the Chhattisgarh Krishak Pashu Adhiniyam, 2004.

2.

Case of the prosecution, in brief, is that the applicant and other co-accused persons were found transporting 32 calves to other State for the purpose of slaughtering.

3.

Learned counsel for the applicant would submit that the applicant has not committed any offence and he has falsely been

implicated in crime in question. He would further submit that the applicant is in jail since 6.8.2018, charge-sheet has already been filed and no useful purpose will be served by detaining him in jail. 4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts & circumstances of the case, nature & gravity of the offence, role of the present applicant, material collected against the applicant and his pre-trial detention, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) JUDGE B/-