Kanhaiya Ram Thakur v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 130 of 2020 • Kanhaiya Ram Thakur S/o Chain Singh Thakur Aged About 47 Years R/o Village Kishanpuri, Tahsil And Police Station Narharpur, District North Bastar Kanker Chhattisgarh.

--- Applicant

Versus

• State Of Chhattisgarh Through The Forest Range Officer, Forest Circle Narharpur, District North Bastar Kanker. ---- Respondent For Applicant :

Mr. Sandeep Shrivastava, Advocate.

For State :

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

• The prosecution story in brief is that the applicant along with other co-accused persons has 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 applicant and he has been arrested.

• Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that there is no previous antecedent against the applicant, he is in jail since 09.12.2019 and he is ready to

furnish adequate surety and shall abide by all the directions and conditions which may imposed by this Court, the present applicant 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 applicant, 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 applicant on bail. Accordingly, the application is allowed.

• Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge Vijay Sahu