Order on Board

13/12/2023

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. 37/2023 registered at Police Station Bori, Durg, District Durg (C.G.), for the offence punishable under Section 429 of the Indian Penal Code and Sections 2(च), 4, 6, 10 and 11 of C.G. Krishak Pashu Parirakshan, Adhiniyam and Section 11 of Pashuon Ke Prati Krurta Ka Nivaran Adhiniyam, Rule 4 of Pashu Parivahan Adhiniyam and Section 48, 49, 50, 52 and

54(1)(2)(3) of Pashu Parivahan Adhiniyam.

2. Case of the prosecution, in brief, is that the applicant was transporting

38 cattles by his own vehicle Tata bearing No. 2515 CG 04 JB 3850 to slaughter house, therefore, the concerned Police Station has seized the above cattle from the above vehicle and the applicant has been arrested for above offences.

3. It has been argued by Mr. A.S. Rajput, learned counsel for the applicant that the applicant has been falsely implicated in this case. He further argued that the applicant has been arrested by the concerned Police Station only on the basis of prediction that he was transporting the above cattle by offending vehicle for slaughter house. He also submits that the applicant has no criminal antecedent and the applicant is in jail since 06.09.2023 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.

4. On the other hand, Mr. Avinash Singh, learned Panel Lawyer, appearing for the State/non-applicant would oppose the bail application and submitted that the charge-sheet has been filed in the present case before the competent Court.

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

6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant i.e. since 06.09.2023 and also considering the fact that the applicant has no criminal antecedents, this Court is of the view that the applicant is entitled to be released on bail in this case.

7. Let the Applicant-Dinesh Balak Das Gokhe involved in Crime No.

37/2023 registered at Police Station Bori, Durg, District Durg (C.G.), for the offence punishable under Section 429 of the Indian Penal Code and Sections 2(च), 4, 6, 10 and 11 of C.G. Krishak Pashu Parirakshan, Adhiniyam and Section 11 of Pashuon Ke Prati Krurta Ka Nivaran Adhiniyam, Rule 4 of Pashu Parivahan Adhiniyam and Section 48, 49, 50, 52 and 54(1)(2)(3) of Pashu Parivahan Adhiniyam, be released on bail on his furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section

229-A of the Indian Penal Code.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant