NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 7623 of 2016

• Gulab Vitthalrao Kalaskar S/o Vitthalrao, Aged About 52 Years R/o New

Mahalagi Nagar, Nagpur, Maharashtra.

---- Petitioner

Versus

• State Of Chhattisgarh Through Station House Officer, Police Of Police

Station Simga, District Baloda Bazar Bhatapara, Chhattisgarh.

---- Respondent

-----------------------------------------------------------------------------------------------------------

For Applicant

:

Mr. Anil Gulati, Advocate

For Respondent/State

:

Mr. Wasim Miyan, Panel Lawyer.

-----------------------------------------------------------------------------------------------------------

Hon'ble Shri Justice Goutam Bhaduri

Order on Board

30-11-2016

1. This is first bail application filed under Section 439 of the Cr.P.C. for

grant of regular bail, who has been arrested on 1-10-2016 in

connection with Crime No. 59 of 2015 registered at Police Station

Simga, District Baloda Bazar – Bhatapara (CG), for the offence

punishable under Sections 4, 6, 7,9, 10 & 11 of Chhattisgarh

Krishak Pashu Parirakshan Adhiniyam, 2004 and Sections 48, 49-A

and 50 of Krishak Pashu Parirakshan Adhiniyam 1978.

2. Case of the prosecution is that on 15-2-2015 on information being

received that the applicant was carrying live cattle ( total 27 cows

and buffaloes) in the Truck bearing registration No. MH-31-CQ

-7572 and they were being taken for slaughtering purpose, the said

vehicle was was intercepted and the applicant was arrested and

thereby the aforesaid offence was committed.

3. Learned counsel appearing for the applicant would submit that the

present has been falsely implicated in the case, there is no evidence

to the effect that the applicant was carrying the cattle to the slaughter

house. He would further submit that the charge-sheet has been

filed in the case, the applicant is in jail since 1-10-2016 and no

further investigation is required, therefore, he may be released on

bail.

4. On the other hand, learned State counsel opposes the application for

grant of bail.

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

diary and statements.

6. Taking into consideration the facts and circumstances of the case,

nature of allegations leveled against the applicant and further

considering the fact that charge sheet has been filed and the

applicant is in jail since 1-10-2016, I am inclined to release the

applicant on bail.

7. Accordingly, the bail application filed under Section 439 of the

Cr.P.C. is allowed and it is directed that the applicant shall be

released on bail on his them 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.

Certified copy as per rules.

Sd/-

(Goutam Bhaduri)

Judge

Raju