Mo. Iiyas v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1020 of 2020 • Mo. Iiyas S/o Abdul Hanif Aged About 30 Years R/o Sinodha, P. S. Pateva, Mahasamund, District Mahasamund Chhattisgarh ---- Applicant
Versus
• State Of Chhattisgarh Through Station House Officer, Police Station Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh ---- Respondent MCRC No. 1223 of 2020 • Javed Farukhi S/o Mohammad Fanif Farukhi Aged About 30 Years R/o Barnayapara (Kasdol) Police Station Kasdol, District Baloda Bazar-Bhatapara Chhattisgarh ---- Applicant
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• State Of Chhattisgarh Through The Forest Range Barnayapara, District Baloda Bazar-Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh ---- Respondent MCRC No. 1410 of 2020 • Dhaneshwar @ Radhe S/o Shri Udal Singh Gond Aged About 19 Years R/o Village Bar Nayapara, Thana Rajadeori, District : Balodabazar-Bhathapara, Chhattisgarh ---- Applicant
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• State Of Chhattisgarh Through The Forest Officer , Forest Region Barnawapara District Balodabajar - Bhatapara Chhattisgarh ---- Respondent MCRC No. 1484 of 2020 • Taj Khan S/o Late Moh. Saleem Khan Aged About 20 Years R/o Sinodha, Thana Pateva, District Mahasamund Chhattisgarh ---- Applicant
Versus
• State Of Chhattisgarh Through Police Station Forest Range Barnavapara, District Baloda Bazar-Bhatapara Chhattisgarh ---- Respondent ___________________________________________________________________ For Applicants :
Mr. P.K. Patel, Mr. Dashrath Kushwaha, Mr. Samir Singh, Mr. Anukul Biswas and Mr. Sunil Sahu, counsel for respective applicants.
For State :
Mr. Ravish Verma, G.A.
Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 19/03/2020 Heard.
1. All the applications are being decided by this common order as they all arise out of the same Crime No. P.O.R. No.1986/2019 registered at Police StationForest Range, Baarnayapara, District Baloda Bazar C.G. for the offence punishable under Sections 9,27,31,39,50,51 and 52 of the Wild Life Protection Act, 1972.
2. Case of the prosecution in brief is that on the date of incident, when the forest officers were on patrolling duty, it was found that the applicants have entered the sanctuary in a car and standing on the way in suspicious condition. It is further alleged that on search being made, two cheetal (chinkaras) were hunted and kept in plastic bags.
3. Learned counsel for the applicants submit that other co-accused Narendra Kumar Patel, Harvansh Dhruv and Imtiyaz Khan have already been granted bail and the applicants being co-accused, which are also accused in the same crime number, may also be granted bail as investigation is complete, charge sheet has been filed and maximum punishment imposed is 7 years.
4. On the other hand, learned State Counsel opposes the bail applications.
5. Having considered the submission of learned counsel for parties, particularly taking into consideration the material on record, nature of allegations, and also taking into consideration that co-accused Narendra Kumar Patel, Harvansh Dhruv and Imtiyaz Khan have already been granted bail under MCRC No.69/2020, MCRC No.28/2020 and MCRC No.292/2020 and further that investigation is complete and charge sheet has been filed, I am inclined to grant bail.
6. Accordingly, all the bail applications are allowed on the same conditions as granted in other cases. It is directed that the applicants shall be released on bail on each of them executing a personal bond in the sum of Rs.50,000/- along with one local surety for the like amount to the satisfaction of the Trial Court on the condition that-
a) They shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.
b) They shall not in any manner, tamper with the prosecution witnesses. Certified copy as per rules.
Sd/- (Manindra Mohan Shrivastava) Judge Ravi