Allowed anticipatory bail to the petitioner apprehending arrest in a case under the Wild Life Protection Act, 1972, noting lack of admissible material and no risk of absconding.
Application for anticipatory bail allowed; petitioner to be released on bail upon arrest on terms deemed proper by the arresting officer.
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ABLAPL No.10042 of 2015
21.08.2015. Heard learned counsel for the petitioner and learned Additional Govern
ment Advocate.
The petitioner is apprehending arrest for the alleged commission of offence un
der Sections 9, 27, 48-A and 49-B and punishable under Section 51 of Wild Life Protection Act,
1972 in 2(b) CC No.18 of 2015 of the court of learned S.D.J.M., Karanjia, arising out of Kara
njia Forest Offence Report No.32 of 2015-16.
Only material available against the petitioner is statement made by the co-acc
used before the I.O. which is not admissible in evidence.
Keeping in view the aforesaid consideration and the fact that the petitioner i
s permanent resident of village Chauljhari, PO. Salchua, PS. Mahuldiha, Dist. Mayurbhanj, ther
e is no chance of his absconding from justice, application for anticipatory bail is allowed. I
n the event of arrest of the petitioner in the aforesaid case, he shall be released on bail by
the arresting officer on such terms and conditions as deemed just and proper by him.
The ABLAPL is disposed of accordingly.
Urgent certified copy of this order be granted as per rules.
2
1 issue framed by the court
Whether anticipatory bail prayer under Section 438 CrPC should be allowed for the petitioner facing charges under the Wild Life Protection Act, 1972?
1 provisions across 1 enactments
Petitioner
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court