Allowed

Virendra Tirkey v. State of Chhattisgarh

Chhattisgarh HC4 Jul 2024MCRC/3838/2024

Case brief

AI extract

What is this about?

Second regular bail application by two applicants arrested for allegedly transporting cow meat under IPC Sections 279, 337 and the Agricultural Cattle Preservation Act. With charge-sheet filed, offence triable by Judicial Magistrate First Class, and parity with bailed co-accused, bail granted.

What did the court decide?

Applicants released on bail on furnishing personal bond of Rs. 25,000 each with one surety, subject to stated conditions.

Virendra Tirkey Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT of CHHATTISGARH, BILASPUR

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MCRC No. 3838 of 2024

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Virendra Tirkey S/o Madhuri Ram Tirkey Aged About 41 Years Occupation- Agriculture R/o Village Jajga (Near Forest Barrier), Police Station Sitapur District- Surguja Chhattisgarh.

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Elious Bada @ Bhindi S/o Shibhran Bada Aged About 35 Years R/o Village Jajga (Uparpara), Police Station Sitapur District - Surguja Chhattisgarh.

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------Applicant

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VERSUS

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State Of Chhattisgarh through – The Station House Officer, Out - Post - Raghunathpur, Police Station - Lundra, District - Sarguja, Chhattisgarh.

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------- Non-applicant

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For applicants : Mr. Nishikant Sinha, Advocate For Non-applicants-State : Mr. Vedant Shadangi, Panel Lawyer

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SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD

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05/07/2024

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This is the second bail application filed by the applicants under Section 439 of Cr.P.C. for grant of regular bail, as they have been arrested in connection with Crime No. 49/2024 registered at Out - Post - Raghunathpur, Police Station - Lundra, District - Sarguja, Chhattisgarh for the offences punishable under Sections 279, 337 of the Indian Penal Code, 1860 and under Sections 04, 05 & 10 of the Agricultural Cattle Preservation Act, 2004.

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Case of the prosecution is that, the applicants were found involved in transportation of cow meat in a jeep, which was kept in nine plastic bags. Based on this, aforementioned crime was registered against the applicants and they were arrested on 10.02.2024.

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Learned counsel for the applicant submits that applicant are

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innocent, they have been falsely implicated in the instant crime, they have not committed any offence as alleged. He submits that the applicants have been accused in the case, only on the basis of the memorandum statement of the co-accused person. The other 02 co-accused persons have been enlarged on bail by this Court vide order dated 15.06.2024 in M.Cr.C. No. 3697/2024, case of the applicants is also on similar footing. Applicants are in jail since 10.03.2024. Hence, they may be enlarged on bail.

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On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant and submits that serious allegations of commission of alleged offence is registered against the applicants.

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I have heard learned counsel for the respective parties.

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Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties as also, charge-sheet is filed, offence is triable by Judicial Magistrate First Class, without commenting anything on the merits of the case, I am inclined to allow this application for grant of bail.

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Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed and it is directed that applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to satisfaction of Trial Court concerned on the conditions that:

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(i) They shall appear before the Trial Court concerned regularly on each and every date unless exempted from appearance .

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(ii) They shall not, in any manner, tamper with the prosecution witnesses.

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(iii) If applicants are found involved in similar offence in future, it

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will be open for the State to apply for cancellation of bail.

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Certified copy as per rules.

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Sd/(Parth Prateem Sahu)

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Judge

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Dey

Virendra Tirkey v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Virendra Tirkey v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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