Javed Qureshi Vs State of Chhattisgarh

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 (for short “Cr.PC”) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 135 of 2023 registered at Police Station Daundilohara, District Balod (CG) for the offence punishable under Sections (1,2,3) 11 Prevention of Cruelty to Animals Act and Section 4, 6, 7 and 10 of the Chhattisgarh Farmers Animal Prevention Act, 2004.

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2. Case of the prosecution, in brief, is that the complainant lodged a report in Police Station stating that on 7-9-2023 at 1.00 O’clock the driver of

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the vehicle bearing No. CG 8 L 2978 had cruelly loaded 26 cattle in the trunk of vehicle and tied all four legs of the cattle and was mercilessly taking them to the slaughter house without fodder and water. On the basis of report lodged by the complainant, Police have registered the aforesaid offence against the applicant.

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3. It has been argued by the learned counsel for the applicant that he has been falsely implicated in the case. He would further submit that he was carrying the cattle for selling purpose and for slaughtering. He further submits that the applicant is in jail since 5-4-2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.

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

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5. I have heard learned counsel appearing for the parties and perused the case diary.

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6. Considering the facts and circumstances of the case, nature of allegations leveled against the applicant and also the fact that the applicant is in jail since 5-4-2024 and the conclusion of the trial is likely to take quite long time, this Court is of the view that the applicant is entitled to be released on bail in this case. Accordingly, MCRC No. 3916 of 2024 is allowed.

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7. Let the Applicant – Javed Qureshi involved in Crime No. 135 of 2023 registered at Police Station Daundilohara, District Balod (CG) for the offence punishable under Sections (1,2,3) 11 Prevention of Cruelty to

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Animals Act and Section 4, 6, 7 and 10 of the Chhattisgarh Farmers Animal Prevention Act, 2004, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the IPC.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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8. The trial Court shall conclude the trial as early as possible, preferably within a period of six months in accordance with law, if there is no any

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legal impediment.

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9. Office is directed to send a certified copy of this order to the trial Court

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concerned for necessary information and compliance.

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Sd/- (Ramesh Sinha) Chief Justice

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Raju