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Shiv Kumar Rajak vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 27 June 2019 · Citation: (2019) 06 CHH CK 0120

HON’BLE JUDGES
Goutam Bhaduri, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 120B, 409, 429, 467, 471 · Madhya Pradesh Krishik Pashu Parirakshan Adhiniyam, 1959 — Section 4, 6 · Prevention Of Cruelty To Animals Act, 1960 — Section 11
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case (MCRC) No. 3226 Of 2019
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Judgment

9 paragraphs · 372 words

Goutam Bhaduri, J

1.

Heard.

2.

This is the Fourth Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 27.12.2017 in connection with Crime No.62/2017 registered at Police Station Perpodi, District Bemetara (CG) for the offence punishable under Sections 409, 467, 471, 429, 120-B, 34 IPC and Sections 4 & 6 of Krishi Pashu Parirakshan Adhiniyam and Section 11 of Pashu Krurta Ka Nivaran Adhiniyam.

3.

The first bail application bearing M.Cr.C. No.1983 of 2018 was dismissed on 01.05.2018. The second bail application bearing M.Cr.C. No.4765 of 2018 was dismissed as withdrawn on 25.07.2018 and the third bail application bearing M.Cr.C. No.8481 of 2018 was dismissed on 11.01.2019.

4.

As per the prosecution case, a report was made by Deputy Director Veterinary Services that Foolchand Gaushala wherein applicant Shivkumar Rajak was working as Secretary along with others though has received grant of Rs.50 Lakhs from the State Government but instead of feeding the cattles they feed themselves. In a result, 50 cattles died out of starvation and malnutrition, thereby entire amount was embezzled by them.

5.

Learned counsel for the applicant submits that the applicant is claiming bail on parity as one of the other co-accused Premsagar has been released on bail by the Supreme Court on the ground that out of 38 witnesses only 13 witnesses have been examined and still same situation continues as on today, therefore, the applicant may be released on bail.

6.

Learned State counsel do not dispute the fact that the co-accused has been released on bail.

7.

Considering the pretrial detention and further taking into that the other co- accused namely Premsagar has been released on bail by the Supreme Court in Special Leave to Appeal (Crl.) No. 2883/2019 on 30.04.2019, I am inclined to release the applicant on bail.

8.

Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.