Naresh Singh & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.1026 of 2020

1. Naresh Singh S/o Ganga Singh Aged About 34 Years Resident Of Village Chakani Post Gopalpur, P.S. Karanjiya District Dindori (M.P.) (Not Mentioned District In The Impugned Order), District : Dindori *, Madhya Pradesh

2. Mahipal Singh S/o Khan Singh Aged About 38 Years Resident Of Village Chakani Post Gopalpur, P.S. Karanjiya District Dindori (M.P.) (Not Mentioned District In The Impugned Order), District : Dindori *, Madhya Pradesh ---- Petitioners

Versus

• State Of Chhattisgarh Through The Ranger Forest Range, Lormi, District Mungeli, Chhattisgarh, District : Mungeli, Chhattisgarh ---- Respondent For Applicant :

Shri Ravi Maheshwari, Advocate For Respondent/State :

Shri Ravish Verma, Govt. Advocate Single Bench: Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 19/03/2020 Heard.

1.

The applicants have moved this application under Section 439 of the Cr.P.C. for grant of regular bail in connection with Crime No.(Jarayan POR) No.12714/2016 registered at Police Station Forest Range Lormi, District Mungeli for the offence punishable under Section 2, 9, 27, 29 , 31, 32, 39-A, 42, 43,44,48,49,50,51,52 & 57 of the Wild Life Protection Act. The applicants were arrested on 23-10-2019.

2.

Case of the prosecution is that the applicant and other accused, large in number, killed wild animal.

3.

Learned counsel for the applicant submits that the applicants are in jail since 23-10-2019, investigation is complete and charge sheet has been filed.

He further submits that other co-accused/similarly situated persons, nine in number, against whom, similar allegations have been leveled, have already been granted bail by this Court. Therefore, at this stage, learned counsel for the applicant prayed that the applicants may also be granted bail on the ground of parity.

4.

On the other hand, learned counsel for the State/non-applicant opposes the bail application by submitting that the applicants have committed the offence under the Wild Life Protection Act by killing rare species of wild animal. 5.

Considering the submission of learned counsel for the parties, particularly taking into consideration that the investigation is complete, charge sheet has been filed and that other co-accused of the same crime number, against whom, similar allegations have been levelled, have already been enlarged on bail, I am inclined to allow the bail application on the similar terms and conditions in respect of the present applicants also.

6.

Accordingly, the application is allowed. It is ordered that the applicants shall be released on bail on each of them furnishing a personal bond of Rs.25,000/- along with one surety of the like amount to the satisfaction of the concerned trial Court on the condition that they shall appear before the trial Court regularly on each and every date of hearing, unless exempted. Certified copy as per rules.

SD/- ( Manindra Mohan Shrivastava) J U D G E Tumane