High CourtsSingle Bench(2022) 02 CHH CK 0003

Saheb Lal Kurre vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 1 February 2022

HON’BLE JUDGES
Deepak Kumar Tiwari, J
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case (Anticipatory Bail) No. 1456 Of 2021

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Judgment

19 paragraphs · 358 words
1.

The applicant has preferred this application for grant of anticipatory bail, as he apprehends his arrest in connection with Crime No.309/2021,

registered at Police Station Pachpedi District Bilaspur C.G. for offences punishable under Sections 4, 6, 10 of the Chhattisgarh Agricultural Cattle

Preservation Act, 2004 and Section 11 (2) of the Prevention of Cruelty to Animals Act, 1960.

2.

Case of the prosecution, in brief, is that on 01.10.2021, 46 bulls were recovered from a truck bearing Registration No.C.G.-15/CY/6391, in which

three cattle were dead and 10 cattle were physically unfit, therefore, offence under the Chhattisgarh Agricultural Cattle Preservation Act and the

Prevention of Cruelty to Animals Act, 1960 was registered.

3.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated. He would further submit that applicant was not

present on the spot and he was only implicated on the basis of statement of the truck driver, therefore, he may be granted anticipatory bail.

4.

Per contra, learned State counsel would oppose the prayer for grant of bail. He would submit that there is previous criminal antecedent of the

applicant of his involvement in similar nature of crime.

5.

I have heard learned counsel for the parties and perused the record.

6.

Considering the fact and circumstances of the case as also considering the nature of allegation and the fact that applicant was not present on the

spot, therefore, this Court is inclined to grant anticipatory bail to the applicant.

7.

Accordingly, the application is allowed and it is directed that in the event of arrest of the applicant, he shall be released on anticipatory bail on his

executing a personal bond for a sum of Rs.25,000/- with two sureties in the like sum to the satisfaction of the arresting officer with the following

conditions:-

(i) he shall make himself available for interrogation by a police officer as and when required;

(ii) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him

from disclosing such facts to the Court or to any police officer.