Ratansay Tirki & ORS. v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 63 of 2020

1. Ratansay Tirki S/o Late Bandhu Tirki Aged About 38 Years Cast Uraw, R/o Village Devri, Post Javahar Nagar, Police Station Karondha, Tahsil Kusmi, District Balrampur, Chhattisgarh.

2. Mahesh Ram Lakda S/o Premsay Lakda Aged About 32 Years Cast Uraw, R/o Village Ganpatpur, Police Station And Tahsil Dharamjaygarh, District Raigarh, Chhattisgarh.

3. Panchuram Dhruv S/o Late Kalluram Dhruv Aged About 47 Years Cast Gond, R/o Village Bhiragaon, Police Station And Tahsil Kondagaon, District Kondagaon, Chhattisgarh.

4. Mansingh S/o Gadruram Aged About 22 Years Cast Gond, R/o Village Bhiragaon, Police Station And Tahsil Kondagaon, District Kondagaon, Chhattisgarh.

---- Applicants

Versus

• The State Of Chhattisgarh Through- Forest Range Officer, Range Narharpur, District Kanker, Chhattisgarh.

---- Respondent For Applicant :

Mr. Amit Kumar Sahu, Advocate.

For State :

Mr. Anurag Verma, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 11.02.2020 • The accused/applicants have moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with P.O.R. No. 14774/13 registered at the Forest Range OfÏcer, Range Narharpur District Kanker (C.G.) for the offence punishable under Sections 2/51, 9/51, 39/51, 43/51, 44/51, 48(A)/51, 49(A)/51, 49 (B)/51, 50/51 of the Wild Life Protection Act, 1972.

• The prosecution story in brief is that the applicants along with other co-accused persons have committed the offence of hunting & killing the wild animal i.e. tiger, from the forest

reserved area and kept his pelt (skin) in their possession. Based on that, offence has been registered against the applicants and they have been arrested.

• Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. He further submits that there is no previous antecedent against the applicants, they are in jail since 08.12.2019 and they are ready to furnish adequate surety and shall abide by all the directions and conditions which may imposed by this Court, the present applicants may be released on bail.

• Per contra, State counsel strongly opposes the bail application.

• I have heard learned counsel for the parties. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of the applicants, as the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicants on bail. Accordingly, the application is allowed.

• Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 50,000/- each, with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the said Court on each and every date given to them by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu