Jai Prakash Vs State Of Uttarakhand

This is an application seeking regular bail in Range Case No. 5/Bhowali/2013-2014, under Sections 2, 9, 39, 49, 50, 51 of Wild Life Protection Act, 1972, Range Bhowali, District Nainital.

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Mr. Lalit Sharma, learned counsel, appearing for the applicant submits that all the offences are triable by Magistrate; applicant is in jail with effect from 24.04.2013 and co-accused Mahipal Chauhan has been enlarged on bail by this Court vide order dated 30.07.2013. Copy of order dated 30.07.2013 handed over in the Court, which is taken on record. He, while placing reliance on the dictum of Hon’ble Apex Court, in the case of State of Kerala vs. Raneef reported in 2011 (1) SCC, 784 contends that if applicant is not enlarged on bail and is ultimately, acquitted in the trial, the time spent by the applicant in jail during trial, cannot be restored to him.

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Considering the totality of the facts and circumstances of the case, bail application is allowed. I direct, let the accused / applicant be released on bail, on furnishing his personal bond of `50,000/- and two sureties, each of the like amount, to the satisfaction of learned Chief Judicial Magistrate, Nainital.

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(Alok Singh, J.) 02.08.2013

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Sanjay

Jai Prakash v. State Of Uttarakhand

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Jai Prakash v. State Of Uttarakhand

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