The court disposed of a bail application preferred by Rambachan in a Range Case involving offences under the Indian Forest Act and Wildlife Protection Act, granting bail subject to furnishing a personal bond and two sureties.
The applicant be released on bail on furnishing a personal bond and two sureties each of the like amount.
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Court No. - 91
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38516 of 2020
Applicant :- Rambachan Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicant(s), Rambachan who is involved in Range Case No. 22/2020-21, under Sections 26(1)F Indian Forest Act, 1927 and 27, 29, 51(1) Wildlife Protection Act, 1972, Range Uttary Chowk, P.S.- Parsamalik, District- Maharajganj.
Learned counsel for the applicant submits that in the recovery memo there is no independent witness of public. Nothing was recovered from the possession of the applicant. The recovery memo is fabricated. In para-8 of the affidavit, five complaint cases have been stated in which no summoning order has been passed till date and except these complaint cases there is no criminal history of the applicant.
Learned A.G.A opposed the bail application.
There is no independent witness of the recovery in the recovery memo. The applicant is languishing in jail since 07.09.2020.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty may be given to the trial court to cancel the bail without any reference to this Court.
Order Date :- 16.12.2020 PS
1 issue framed by the court
Whether the accused applicant shall be granted bail in the pending forest and wildlife offences case?
2 provisions across 2 enactments
Rambachan
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
