Appeal on second bail application in forest crime case under Wild Life Protection Act. Court allowed bail upon furnishing personal bond of Rs. 25,000 with one surety for same amount.
Granted bail on furnishing personal bond of Rs. 25,000 with one surety for the like sum and satisfying court conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5140 of 2023
Versus
--- Respondent.
CAUSE TITLE DOWNLOADED FROM CIS PERIPHERY
| ----------------------------------------- For Applicant |
------------------------------------------------------ : Mr. Dharmesh Shrivastava, Adv. |
|---|---|
| For Respondent/State |
: Mr. Arjit Tiwari, PL. |
Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board
08.09.2023
This second application under Section 439 Cr.P.C. for grant of bail has been filed by the accused/applicant in connection with Forest Crime (POR) No.13750/18 registered at Police Station Forest Range Officer, Forest Range Kawardha, Kabirdham for offence under Sections 2(16), (35), (37), 9, 35(6)(c), 39(1)(a)(b)(d), 39(3)(a)(c), 50, 51 and 52 of the Wild Life Protection Act, 1972
2 . As per prosecution story, the accused/applicants are alleged to have committed illegal hunting of monkey (Langur) to save their crops and also to tried to hide the evidence and dead body of the said Langur.
3 . Learned counsel for the applicants submits that applicant is innocent and falsely implicated in the crime in question. He also submits that in MCRC No.8178/2021 along with other accused
Siyaram, inadvertently, present applicants were also made a party and vide order dated 07.12.2021 all 3 persons were granted bail by the coordinate Bench of this Court in connection Forest Crime (POR) No.13750/19. Though accused Siyaram was arrested in connection Forest Crime (POR) No.13750/19 and present applicants were arrested in Forest Crime (POR) No.13750/18. Thereafter, to modify the said order the applicant has filed MCRC No.10288/2021 before this Court and said application was dismissed as not pressed with liberty to file appropriate application. It was also observed that as per Rule-40 of the High Court CG Rules, 2007 every application for modification shall be listed before the same Coram. Thereafter, the applicants moved CRMP No.504/2022 for modification whereby the co-ordinate Bench vide order dated 20.06.2023 directed to delete the name of present applicants from the bail order passed in MCRC No.8178/2021. He also submits that this bail application has been filed with correct crime number i.e. 13750/18. He also submits that during the Covid period the applicants were enlarged on bail and they have been again surrendered on 07.09.2023. He also submits that the offence is triable by JMFC and conclusion of the trial is likely to some more time. Therefore, he may be released on bail.
4. Per contra, learned State counsel opposes the prayer for bail.
5. Having considered the submission of counsel for the parties and considering the facts and circumstances of the case and nature of accusation against the present applicants, I am inclined to release them on bail.
6. Accordingly, the application is allowed and it is directed that on each applicants furnishing a personal bond in the sum of Rs.25,000/with one surety for the like sum to the satisfaction of the concerned
Court, they shall be released on bail on the following conditions:-
(a) they shall not act in any manner which will be prejudicial to fair and expeditious trial,
(b) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of case,
(c) they shall not involve themselves in any offence of similar nature in future.
Sd/-
(Deepak Kumar Tiwari) Judge
Ajay
3 issues framed by the court
Whether the two applicants should be released on bail under Section 439 Cr.P.C.
Whether the applicants charged with forest offences under the Wildlife Protection Act qualify for bail on furnishing bond and surety
Whether the applicants surrendered properly and if they should be released on personal bond with surety
10 provisions across 2 enactments
Lakhan Pardhi
Mangatu Pardhi
State Of Chhattisgarh
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
