Allowed

Rajkumar and Another v. State of U.P. Thru. Secy. Home Lko.

Allahabad HC1 Mar 2024BAIL/2409/2024

Case brief

AI extract

What is this about?

The High Court allowed a bail application for two accused charged under the Wild Life Protection Act and Forest Act. The court granted bail on the ground that the涉及的 animal was in Schedule III, no evidence was recovered from a reserve forest, and the applicants had no criminal history.

What did the court decide?

Bail granted to Rajkumar and Guddu on furnishing personal bond with two sureties subject to conditions.

Rajkumar and Another vs State of U.P. Thru. Secy. Home Lko. — Narcotics (NDPS) | Allahabad HC (2024)

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'Neutral Citation No. - 2024:AHC-LKO:19172

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2409 of 2024

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Applicant :- Rajkumar And Another Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Brijesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Learned A.G.A. informs that he has procured complete instructions in the matter including up-to-date case diary.

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Heard Shri Ramesh Gupta, Advocate holding brief of Shri Brijesh Kumar, learned counsel for the accused-applicants as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved by the accused/applicants- Rajkumar and Guddu for grant of bail, in Range Case No. 16/2023-24, under Sections 9, 27, 48(A), 51(C) of Wild Life Protection Act and Section 26 of Forest Act, Range Manjhgai, District Kheri, during trial.

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Learned counsel for the accused-applicants while pressing the bail application submits that it is a case of false implication. The feet of 'Cheetal/Spotted Deer' and boiled flesh of the same is shown to have been recovered from the houses of the applicants. However, the applicants have not hunted any prohibited animal and the recovery which is shown from the house of the applicants could not be believed in absence of any independent public witnesses and they have been falsely implicated on account of the fact that they are having strained relations with the forest officials as their village is situated on the outskirts of the forest reserve.

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It is vehemently submitted that since the alleged recovery has been made from the houses of the applicants and they have not been found in any reserve forest and also the 'cheetal' whose flesh is shown to have been recovered from the houses of the applicants have been placed in Schedule III appended with the Wild Life Protection Act, 1972, the twin stringent conditions enumerated under Section 51-A of the Wild Life Protection Act may not be attracted against them.

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It is also submitted that applicants are languishing in jail in

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this case since 09.01.2024 and they are not having any criminal history. Complaint has already been filed by the appropriate authority and there is no apprehension that after being released on bail they may flee from the course of law or may otherwise misuse the liberty.

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Learned A.G.A., however, opposes the prayer of bail of the applicants on the ground that the applicants have committed an heinous offence and, therefore, they are not entitled to be released on bail.

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Considering the fact that the animal 'cheetal' is placed in Schedule III appended with the Wild Life Protection Act, 1972 and also that the applicants are not having any criminal antecedents and they have not been found within the boundaries of any reserve forest, the facility of bail may safely be extended to the applicants and their presence may be secured before the trial court by placing adequate conditions.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicants have made out a case for bail. Thus, the bail application is allowed .

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Let the accused/applicants- Rajkumar and Guddu involved in above-mentioned case, be released on bail on their furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicants shall not indulge into the similar offences again.

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violation of this condition alone shall be a sufficient ground for the trial court to cancel the facility of bail granted by this Court.

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(ii) The applicants shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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(iii) The applicants shall cooperate in the trial sincerely without seeking any adjournment.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicants and sureties be verified by the Court concerned before the bonds are accepted.

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Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression on the merits of the case.

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Order Date :- 1.3.2024

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Praveen

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Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Rajkumar and Another v. State of U.P. Thru. Secy. Home Lko.

Case brief

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Rajkumar and Another v. State of U.P. Thru. Secy. Home Lko.

Case brief

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