Allowed

Rikhiram Rahangdale (Pawar) v. State of Chhattisgarh

Chhattisgarh HC21 Mar 2022MCRC/266/2022

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a bail application filed by two accused persons involved in cruelty to animals and cattle preservation offences. Considering the filing of the charge sheet and the duration of custody, the court directed their release on bail with a personal bond and one surety.

What did the court decide?

Applicants released on bail on executing a personal bond for Rs. 50,000/- with one surety in the like sum and appearing before the trial court on all dates.

Rikhiram Rahangdale (Pawar) Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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M.Cr.C. No. 266 of 2022

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Rikhiram Rahangdale (Pawar), S/o Mohan Lal, aged about 48 years,

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Umashankar Rahangdale (Pawar), S/o Rikhiram Rahangdale, aged about 24 years, (Both full name and surname mentioned according to final report)

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Both R/o village Sihari, Police Station Lanji, District Balaghat (M.P.)

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---- Applicants

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Versus

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State of Chhattisgarh, Through Station House Officer, Police Station – Khairagarh, District – Rajnandgaon (C.G.)

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----Non-applicant

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For Applicants : Mr. Abhishek Sharma, Advocate. For Non-applicant : Mr. Vinod Tekam, Panel Lawyer.

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Hon'ble Mr. Justice N.K. Chandravanshi

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Order On Board

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21-03-2022

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The accused/applicants have moved this bail application under Section 439 of the Code of Criminal Procedure for releasing them on regular bail in connection with Crime No. 480/2021 (wrongly mentioned as 365/2021 in the order sheet) registered at Police Station Khairagarh, District Rajnandgaon for the offence punishable under Sections 11?k, (d) (M) (t) (V) (B) of the Prevention of Cruelty to Animals Act, 1960 and Sections 4, 6 & 10 of the Chhattisgarh Agriculture Cattle Preservation Act, 2004.

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Case of prosecution, in brief, is that applicants & other co-accused persons were found carrying six buffalo and their calves by beating and without providing them food and water for the purpose of slaughtering. Based on above facts, present crime was registered against the applicant.

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After usual investigation, charge sheet has been filed against the applicant under Section 11?k, (d) (M) (t) (V) (B) of the Prevention of Cruelty to Animals Act, 1960 and Sections 4, 6 & 10 of the Chhattisgarh Agriculture Cattle Preservation Act, 2004.

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Learned counsel for the applicant would submit that applicant is innocent and has been falsely implicated in the crime in question. He would further submit that two co-accused persons, namely, Neelesh Bhagat & Jateen Goutram have been released on regular bail by the Sessions Court and the applicants are in custody since 11.12.2021; charge-sheet has already been filed and the offences are triable by Judicial Magistrate, First Class, hence, the applicants may be enlarged on regular bail.

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

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Considering the totality of the facts & circumstances of the case, particularly, taking into consideration the fact that applicant is in custody since 11.12.2021; charge-sheet has already been filed and the offences are triable by Judicial Magistrate, First Class; I feel inclined to allow the bail application filed by the applicants. Accordingly, the bail application is allowed.

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Accused/applicants are directed to be released on bail on each of them executing a personal bond for a sum of Rs. 50,000/- with one surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court.

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Certified copy, as per rules.

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Sd/-

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(N.K. Chandravanshi) Judge

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D/-

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Rikhiram Rahangdale (Pawar) v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Rikhiram Rahangdale (Pawar) v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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