The Single Judge allowed bail to two accused charged under the Wildlife (Protection) Act, 1972. The Court noted doubts regarding prosecution evidence and independent witnesses, concluding the applicants deserve bail at this stage.
Respondents to be released on bail on execution of personal bonds and furnishing of two sureties each.
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ORIGINAL JURISDICTION 1st Bail Application No.951 of 2010
Order on the Bail application of accused. CRIMINAL SIDE
Shoorvir Singh & another .….Applicants (In jail)
Versus
State of Uttarakhand
…… Opposite Party
__________________________________________________________ Arising out of Case Crime/Range Case No.2/Kanasar 2010-11, U/s 9/39/39(3)/49-B/51 of Wild Life (Protection) Act, 1972, PS Chakrata Forest Division, District Dehradun
Dated: November 9, 2010
HON’BLE DHARAM VEER, J.
Heard Mr. RP Nautiyal, Advocate for the applicant and Mr. BS Parihar, Brief Holder for the State.
Learned counsel for the applicant submitted that from the possession of the applicant-Shoorver Singh, leopard skin was shown to be recovered while from the possession of the applicant-Raju, Beer Pitti was shown to be recovered. The applicants are in jail since 15.9.10 and have got no previous criminal history. Further, no independent witness was taken at the time of arrest, though the recovery was made at the public place, which creates a doubt in the prosecution story.
After considering all the facts and circumstances and without expressing any opinion about the final merits of the case, the Court is of the view that the present applicants deserve bail at this stage.
Let the applicants be released on bail on each of their executing personal bonds and furnishing two sureties each in the like amount to the satisfaction of CJM, Dehradun.
The bail application is allowed accordingly.
(Dharam Veer, J.)
November 9, 2010
Rdang
1 issue framed by the court
Whether the applicants are entitled to bail considering evidence recovery issues.
1 provisions across 1 enactments
Shoorvir Singh
Raju
Dharam Veer
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
