High CourtsSingle Bench

MD. IMTIYAZ ANSARI & ANR. vs STATE OF CHHATTISGARH

Chhattisgarh High Court · Decided on 26 March 2018 · Citation: (2018) 03 CHH CK 0277

HON’BLE JUDGES
SANJAY K. AGRAWAL
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Chhattisgarh Agricultural Cattle Preservation Act, 2004 — Section 4, 6, 10, 11
RESULT
Allowed
CASE NUMBER
Misc. Criminal Case No.721 of 2018

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Judgment

14 paragraphs · 279 words
1.

The accused/applicants have moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing them on regular

bail during trial in connection with Crime No.21/2018, registered at Police Station Mahasamund, for the offence punishable under Sections 4, 6, 10 and

11 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004.

2.

Case of the prosecution, in brief, is that the applicants were found transporting five agricultural cattle to the State of Odisha for the purpose of

slaughtering and thereby committed the offence.

3.

Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated, in fact,

accused Abhimayu was taking the said animals gifted to him to handover them to his mother, in the meanwhile, he was intercepted and animals have

been seized, they were not being taken for the purpose of slaughtering. The applicants are in jail since 8-1-2018 and charge-sheet has been filed.

4.

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

5.

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

6.

Taking into consideration the nature and gravity of offence, facts and circumstances of the case, pretrial detention of the applicants and charge-

sheet has been filed, I am of the view that it is a fit case to enlarge the applicants on regular bail. Accordingly, the application is allowed.

7.

It is, therefore, directed that the applicants be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- each with one surety in

the like sum to the satisfaction of the concerned Court for their appearance as and when directed.