Rahul R v. State of Odisha
Case brief
What is this about?
Single judge granted bail to petitioners in custody charged under Wild Life Protection Act, 1972, directing appearance in person and restriction on entering reserve forest areas.
What did the court decide?
Released on bail with conditions to appear in person and not enter reserve forest area; violation entails cancellation of bail.
What the court decided
BLAPL No.2380 OF 2021
- 22.04.2021:
The matter is taken up through video conference mode.
The petitioners, being in custody in Sinapli Forest Range O.R. No.344 of 2020-21 corresponding to 2(b) CC Case No.2 of 2021 pending on the file of the court of the learned J.M.F.C., Sinapli, running for the alleged commission of offence under section 51(1)(1-A) of the W.L. Protection Act, have filed this application under section 439, Cr.P.C. for their release on bail.
Heard learned counsel for the petitioners and learned counsel for the State.
Taking into account the submissions made; further keeping in view the materials on records as those stand against the petitioners with other surrounding circumstances including the period of detention of the petitioners in custody and on going through the order passed by the learned Addl. Sessions Judge and in the absence of any such impediment; it is directed that the petitioners be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court is seisin of the case with further conditions that:-
- They will appear in person before the court in seisin of the case on each and every date of posting of the case till conclusion of the trial; and
- Will not enter into the reserve forest area.
Violation of any of the above condition(s) shall entail cancellation of bail.
Issues for consideration
1 issue framed by the court
whether the applicant is entitled to release on bail under section 439 CrPC in pending wild life offence
Parties & counsel
- applicant
BLAPL No.2380 OF 2021
- respondent
State
Coram
Dash
Case details
As recorded by the court registry
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