High Court Of ChhattisgarhMCRC/6758/2019allowed

Ramsai & ORS. v. State Of Chhattisgarh

2019-12-09Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6758 of 2019

1. Ramsai & Ors. S/o Lachhu Aged About 40 Years Caste - Uraon,

2. Bahadur Kishpotta S/o Mangalsai Kishpotta Aged About 33 Years Caste - Uraon,

3. Shrwan Kishpotta S/o Sohna Aged About 26 Years Caste - Uraon,

4. Ramlal S/o Simtu Ram Aged About 28 Years Caste - Uraon, All R/o. Village Balakpodi, Police Station Kapu, District Raigarh, Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh Through S.H.O., Police Station Kapu, District Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ---- Respondent For Applicants : Shri Raj Bahadur Singh, Advocate For Respondent/State : Ms. Akshar Amit, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 09/12/2019 The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No.78/2019 registered at police station Kapur, District Raigarh (CG) for the offence punishable under Sections 4,5,6 and 10 of the CG Agricultural Cattle Preservation Act. Case of the prosecution in brief is that on receiving secret information, the applicants were found cooking beef in their home.

Counsel for the applicants submits that the applicants have been falsely implicated in the crime. He further submits that the applicants are in jail since 05.09.2019 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion, therefore they may be released on bail.

On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicants, I am inclined to release them on regular bail. Accordingly, their application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicants' furnishing a personal bond in the sum of Rs.25,000/- each with one local surety for the like sum to the satisfaction of the concerned Court, they shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna