High Court Of ChhattisgarhMCRC/572/2019allowed

Janukram & ORS. v. State Of Chhattisgarh

2019-02-08Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 572 of 2019

1. Janukram S/o Banihar Aged About 26 Years Caste Sanwra, R/o Village Kargikala, Police Station And Tahsil Kota District Bilaspur Chhattisgarh

2. Janakram S/o Banihar Aged About 32 Years Caste Sanwra, R/o Village Kargikala, Police Station And Tahsil Kota District Bilaspur Chhattisgarh

3. Shiv Kumar S/o Raipuriha Aged About 25 Years Caste Sanwra, R/o Village Kargikala, Police Station And Tahsil Kota District Bilaspur Chhattisgarh

4. Rajesh S/o Bhagwat Aged About 27 Years Caste Sanwra, R/o Village Kargikala, Police Station And Tahsil Kota District Bilaspur Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through Forest Department, Lormi, District Mungeli, Chhattisgarh ---- Respondent For Applicants : Mr. Nitesh Shrivastava, Advocate.

For Respondent/State : Mrs. Smriti Shrivastava, PL.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 08/02/2019

1. The applicants have preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as they are arrested in connection with POR no. 12811/09, registered at Police Station Forest Department Lormi District Mungeli (C.G.) for the offence punishable under Sections 9, 48, 50, 51 of the Protection of Forest Animal Act, 1972.

2. As per prosecution story, on 19.09.2018 at about 5 PM, on the basis of information received from an informant, forest officials searched the applicants and seized total 30 pieces of organs of Monitor Lizards from their possession and they have been arrested on 20.09.2018.

3. Learned counsel appearing on behalf of the applicants submits that applicants are innocent and have been falsely implicated in the present case. He further submits that the applicants are in custody since 20.09.2018, charge-sheet has already filed and trial will take some time, therefore, he may be released on bail.

4. Per contra, learned counsel appearing on behalf of State opposes the bail application.

5. I have heard learned Counsel for both the parties.

6. Considering the facts and circumstances of the case and evidence collected by the prosecution, further considering the fact that the applicants are in custody since 20.09.2018, charge-sheet has already filed and trial will likely to take some time, without further commenting on merits of the case, I am inclined to release the applicants on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicants shall be released on bail on each of them executing a personal bond for a sum of Rs. 20,000/- with one local solvent surety for the like sum to the satisfaction of the Trial Court for their appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Shubham