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Judgment
7 paragraphs · 459 words The accused/applicants have moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No. 218/2019 registered at Police Station - Malkharoda, District Janjgir-Champa (C.G.) for the offence punishable under Sections 4, 6, 10 of the C.G. Agriculture Cattle Preservation Act, 204 & Section 11 of the Prevention of Cruelty to Animals Act, 1960.
As per the prosecution case, applicants on 23.09.2019 in the Pickup Vehicle bearing No. CG 11 AB 2831 were transporting the five cattles in illegal manner. On the secret information received by the police who conducted the raid and seized the cattles and arrested the applicants. Based on this, offence has been registered. The present applicants were produced for trial on 23.09.2019 before the Judicial Magistrate First Class where they were sent to jail.
Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. He further submits that the applicant No.1 is the owner of the cattles and was going to drop the cattles to his relative. The ownership of the above cattles are evident by the certificate issued by Up Sarpanch of Village Sakra which is filed. Thus, prima-facie offence under Sections 4, 6, 10 of th C.G. Agriculture Cattle Preservation Act, 204 & Section 11 of the Prevention of Cruelty to Animals Act, 1960 would not be attracted in the present case. As the applicants are in jail since 23.09.2019 and they are ready to furnish adequate surety and shall abide by all the directions and conditions which may imposed by this Court, the present applicants may be released on bail.
Per contra, State counsel strongly opposes the bail application of the applicants submitting that the present applicants were transporting the cattles in illegal manner with cruelty which gives a negative impact on society.
I have heard learned counsel for the parties and perused the case diary.
Taking into consideration the nature of the offence, facts and circumstances of the case, detention period of the applicants and further considering fact that the offence is triable by Judicial Magistrate Class, and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicants on bail. Accordingly, the application is allowed.
Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 25,000/- each with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the said Court on each and every date given to them by the said Court.