Labho v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.375 of 2018 Labho S/o Shri Bramha Bairagi, aged about 42 years, R/o Achanakpali, P.S. and Tahsil Sarangarh, District Raigarh (CG) ---Applicant

Versus

State of Chhattisgarh through the Foret Range Officer, Forest Range Gomarda Abhyaran Sarangarh, District Raigarh (CG) ---Non-Applicant For Applicant :

Mr.Manoj Kumar Jaiswal, Advocate For Non-applicant :

Mr.R.N.Pusty, Govt.Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 16/3/2018 1.

This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.6665/21, registered at Police Station-Forest Range Gomarda Abhyaran Sarangarh, DistrictRaigarh (CG), for the offence punishable under Section 9, 27, 29, 31, 39, 50 and 51 of the Bhartiya Vanya Prani Sarankshan Adhiniyam, 1972. 2.

Case of the prosecution, in brief, is that the applicant haunted wild boar and kept the meat of the said animal and thereby committed the forest offence.

3.

Learned counsel for the applicant would submit that the applicant has not committed any offence and he has falsely been implicated in crime in question. He is in jail since 12.12.2017 and no useful purpose will be served by keeping him in jail. Therefore, he be

released on regular bail.

4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts & circumstances of the case, nature & gravity of the offence, role of the present applicant in crime in question and pre-trial detention of the applicant, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) JUDGE B/-