Pradeep Tirkey And Ors vs State Of Chhattisgarh

Goutam Bhaduri, J

This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicants in connection

with Crime No. 17/2021 registered at Police Chowki-Kunni, Police Station-Lakhanpur, District Surguja (C.G) for the offences punishable under

Sections 429, 34 of IPC and sections 4, 5, 6, 10 & 11 of Chhattisgarh Krishak Pashu Parirakshan Adhiniyam.

As per the prosecution case, the applicants have killed a bullock and have eaten some part of flesh of bullock and have thrown the remaining part of

the body into a dam. Subsequently on the basis of memorandum, the seizure of Axe was made.

Learned counsel for the applicants would submit that the applicants are in jail since 17.01.2021, only an Axe was seized and no evidence was on

record to show that the applicants have committed the offence. He further submits that the charge has been filed and the offences are triable by the

JMFC, therefore, they may be enlarged on bail.

Per contra, learned State Counsel opposes the bail application.

Considering the fact that the charge sheet has been filed and the offences are triable by the JMFC, I am inclined to allow this bail application.

Accordingly, the bail application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond in sum

of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court for their appearance before the said Court as and

when directed.

Consequently I.A.No.2/201 for urgent hearing and I.A.No.1/2021 for hearing the case during summer vacation stand disposed off.