Nawab Khan vs State Of Chhattisgarh
2023 Latest Caselaw 319 Chatt

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                                                    Order Reserved on 08.12.2022
                                                  Order Pronounced on 16.01.2023
                                                                           NAFR

                HIGH COURT OF CHHATTISGARH, BILASPUR

                             MCRCA No.1475 of 2022

     Nawab Khan S/o Abdul Rashid, Aged about 35 years, R/o Village - Jashpur
     Nagar, Tah. - Jashpur Dist. - Jashpur (C.G.)

                                                                       ---- Applicant
                                       Versus

      State Of Chhattisgarh, through P.S. - Kasabell, Dist. - Jashpur (C.G.)

                                                           ----Non-Applicant
 ___________________________________________________________________
For Applicant:             Mr. Syed Ishhadil Ali, Advocate

For Non-Applicant/State:   Mr. Vinod Tekam, Panel Lawyer
____________________________________________________________________

                                     CAV Order

                    Hon'ble Shri Justice Sachin Singh Rajput

1.

The applicant is apprehending his arrest in connection with Crime No.131/2022, registered at Police Station - Kasabell, District - Jashpur (C.G.) for offence punishable under Sections 4,6,10 of Chhattisgarh Agricultural Cattle Preservation Act, 2004 (for short 'Act of 2004').

2. Case of the prosecution, in brief, is that on 06.09.2022 an information was received that some smuggler with some labourers were whipping on some cattle and cattle were being carried to slaughter house in Jharkhand in the night at 1:30 at Amat Lamdand. The labourer told that the present applicant and one Rojna Khan has asked them to take the cattle to Mahuatoli, Jharkhand for a wage of Rs.2,500/-. Rs.1000/- has been paid and remaining amount is to be paid later. The cattle were seized. The statement of witnesses were recorded and the crime was registered against the applicant.

3. Shri Sanjay Agrawal learned counsel for the applicant submits that the applicant is innocent and he has not committed the aforesaid crime and has been falsely implicated. Applicant was not on spot. He further submits that the applicant is not the owner of the cattle. He goes on to submit that the maximum punishment in the crime is of three years. He submits that mandate

of section 41 and 41 A of the Cr.P.C. has not been complied with. He further submits that the applicant is a permanent resident of given address and he is ready and willing to comply any of the conditions which may be imposed by the court while granting bail. He placed reliance on the judgment of the Hon'ble Supreme Court in case of Satender Kumar Antil Vs. Central Bureau of Investigation reported in AIR 2022 Supreme Court 3386 and an order dated 19.06.2020 passed by coordinate bench of this court in case of Shadat Hussain Vs. State of Chhattisgarh in M.Cr.C.A. No. 532/2020.

4. Refuting to the submissions made by learned counsel for the applicant, Mr. Vinod Tekam, Panel Lawyer for the non-applicant/state vehemently argued that that the on the basis of the statement of witnesses recorded during the course of investigation it is established that the applicant is owner of the cattle. He is absconding and his custodial interrogation may be necessary. He further submit that under the Act of 2004 the burden is on the applicant that transportation of cattle was not in contravention of the Act of 2004.

5. I have heard learned counsel for the parties, considered their rival submissions made herein above and also perused the case diary.

6. Looking to facts circumstances of the case, considering the nature of allegation and the fact that applicant was not present on the spot, evidence collected by the prosecution and submissions of the respective parties, this court is inclined to allow the application of the applicant. The application for grant of anticipatory bail is allowed and in the event of his arrest applicant shall be released on bail on him furnishing personal bond of Rs.50,000/- with one local surety of the like sum to the satisfaction of the investigating officer/arresting officer on the following conditions:-

(i) 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/her from disclosing such fact to the Court,

(ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial,

(iii) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

(iv) He shall make himself available for interrogation by a police officer as and when required and will appear before the investigating officer on 30.01.2023 for cooperating in the investigation.

(v) He shall not involve in any crime of similar nature in future.

8. It is made clear that the observation made herein above is only for the purpose of decision making of the bail applications of the applicant and to appreciate the arguments advanced by the learned counsel for the parties. It will not have any bearing on the merits of the case. The learned trial court will decide the case on it own merits without being influenced by any observation made herein above. If the applicant violates any of the conditions stated above, state would be free to move for cancellation of bail.

9. Certified copy as per rules.

Sd/-

Sachin Singh Rajput Judge Kamde