The High Court allowed a bail application under Section 439 Cr.P.C. for an applicant arrested for beef smuggling. The court considered the applicant's denial of possession and the gravity of the offence before granting bail.
Bail allowed on furnishing a personal bond of Rs. 25,000 with one surety in a like sum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
M.Cr.C. No. 208 of 2018
Rafel Lakda S/o Shri Naihar Say, Caste- Uraon, aged about 34 years, R/o Village – Ela, Thana and Tahsil Patthalgaon, Civil and Revenue District – Jashpur (CG)
----Applicant
Versus
The State of Chhattisgarh, through the Station House Officer, Police Station, Patthalgaon, Civil and Revenue District Jashpur (CG)
---- Non-applicant
| For Applicant : |
Mr. Sunil Sahu, Advocate. |
|---|---|
| For Respondent/State : |
Ms. Sunita Jain, Panel Lawyer. |
Hon'ble Shri Justice Sanjay K. Agrawal
Order On Board
05/03/18
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not committed any offence and he has falsely been implicated in crime in question. He would further submit that no beef was found in possession of the present applicant and on the basis of memorandum of co-accused the present applicant has been arrested. He would also submit that the applicant is in jail since 29.11.2017 and charge-sheet has already been filed, therefore, he may be released on regular bail.
Sd/-
(Sanjay K. Agrawal)
Judge
Priyanka
2 issues framed by the court
Whether the applicant is eligible for regular bail under Section 439 Cr.P.C. given the nature and gravity of the offence involving possession of beef.
Whether the applicant's statement regarding lack of possession justifies granting bail.
3 provisions across 3 enactments
Rafel Lakda S/o Shri Naihar Say
The State of Chhattisgarh
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
