Allowed

Ghanshyam v. State Of Chhattisgarh

Chhattisgarh HC5 Oct 2016MCRC/6001/2016

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed bail applications filed by three groups of applicants under Section 439 CrPC. They were charged with offences under animal cruelty laws for transporting buffaloes intended for slaughter. The court granted bail as the charge sheet was filed and no further investigation was needed, requiring a personal bond and sureties.

What did the court decide?

Bail applications allowed; applicants released on furnishing a personal bond of Rs.25,000 with one surety in the same sum.

Ghanshyam Vs State Of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2016)

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Page No.1

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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M.CR.C. No. 6001 of 2016

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Ghanshyam, S/o. Madanpal, aged about 40 years, Occupation- Truck Driver, R/o. Yashodhara Nagar, Near Pani Tanki, Thana – Yashodhara Nagar, Nagpur (Maharashtra). Present address : Bhilai Transport Nagar, Thana – Chhawni Bhilai, District – Durg (C.G.)

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----Applicant

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Versus

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1. State of Chhattisgarh, Through : the Police Station Hirri, District - Bilaspur (C.G.) ---- Respondent

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M.CR.C. No. 6110 of 2016

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1. Sadhe Tandon, S/o. Genduram, aged 34 years, 2. Sanjay Kumar Tandon, S/o. Genduram, aged 30 years. Both R/o. Village- Keshruwadih, Police Station – Jarhagaon, Tehsil and District – Mungeli (C.G.).

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1. Reshamlal, S/o. Chhedilal, aged 67 years, R/o. Village-Kureli, Police Station – Hirri, District - Bilaspur, Chhattisgarh ----Applicants

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Versus

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1. State of Chhattisgarh, Through : Police Station – Hirri, District – Bilaspur (C.G.) ---- Respondent

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AND

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M.CR.C. No. 6128 of 2016

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Santu Kumar Patre, S/o. Shri Dandu Ram Patre, aged about 30 years, Caste- Satnami, R/o. Village-Kureli, Police Station – Hirri, Tehsil – Takhatpur, District – Bilaspur (C.G.) ----Applicant

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Versus

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State of Chhattisgarh, Through : the Police Station – Hirri, District – Bilaspur (C.G.) ---- Respondent

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Page No.2

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For Applicants : Mr. Rakesh Pandey, Advocate For Respondent/State : Mr. Vinod Tekam & Mr. Anant Bajpai, Panel Lawyer

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Hon'ble Shri Justice Goutam Bhaduri

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Order On Board

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05/10/2016

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These are the first bail applications filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No.94/2016, registered at Police Station – Hirri, District – Bilaspur (C.G.) for the offence punishable under Section 11 of Prevention of Cruelty to Animals Act, 1960 and under Section 6 and 10 of C.G. Krushik Pashu Parirakshan Adhiniyam, 2004.

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Case of the prosecution, in brief, is that on 01.08.2016 at about 12.30, the applicants were carrying 17 buffaloes in the truck bearing No.C.G.-04-JA-5586 and on being intercepted, the applicants who were also along with the truck with buffaloes were apprehended. It is alleged that the buffaloes were taken for slaughter house.

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Learned counsel for the applicants, submits that the applicants had purchased the cattle and they were being taken. It is further submitted that the applicants have been falsely implicated in this case as they were carrying the business of sale and purchase of cattle. It is further submitted that charge-sheet in this case has been filed and no further investigation is required and the applicants are in jail since 01.08.2016 and 22.08.2016, therefore, the counsel

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Page No.3

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prays that the applicants may be enlarged on bail.

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On the other hand, learned counsel for the State opposes the bail application

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I have heard learned counsel appearing for the parties.

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Considering the facts and circumstances of the case, the nature of offence and the degree of allegation levelled against the applicants and further considering the fact that charge-sheet in this case has been filed and the applicants are in jail since 01.08.2016 and 22.08.2016, this Court is of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail.

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Accordingly, the bail applications filed under Section 439 of the Cr.P.C. are allowed.

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It is directed that applicants shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

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Certified copy as per rules.

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Sd/(Goutam Bhaduri) Judge

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Balram

Ghanshyam v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ghanshyam v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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