High Court Of ChhattisgarhMCRC/7736/2019allowed

Naresh Kumar Rai v. State Of Chhattisgarh

2020-01-21Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7736 of 2019 • Naresh Kumar Rai S/o Viraj Rai (Biraj Rai Wrongly Mentioned In Order) Aged About 40 Years R/o Village And Post Ganeshpur Bandhapara, Police Station - Simga, Taluka - Simga, District - Baloda Bazar Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station - Bhatapara, Taluka Bhatapara, District - Baloda Bazar Chhattisgarh. ---- Respondent For Applicant.

Ms. Ranjana Jaiswal, Advocate.

For Respondent/State :

Mr. Wasim Miyan, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 21.01.2020

1. The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 384/2018 registered at Police Station : Simga, District Baloda Bazar (C.G.) for the offence punishable under Sections 429, 34 of IPC and Sections 4, 5, 6, 10, 11 of C.G. Agricultural Cattle Preservation Act 2004.

2. As per the prosecution case, on 04.11.2018, complainant Sub-Inspector Sanit Kumar Sahu lodged FIR against the present applicant on the ground that he along with other coaccused persons was cutting and selling the beef. Based on this, after completion of investigation, offence has been registered against the applicant and he has been arrested.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. She further submits that the applicant is in jail since 04.11.2018 and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this Hon'ble Court, therefore, he may be released on bail.

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

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

6. Considering the facts and circumstances of the case, nature and gravity of the offence, the detention period of the applicant particularly the fact that the offence is triable by Judicial Magistrate First Class, as trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

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

Sd/- (Rajani Dubey) Judge Vijay Sahu