High Court Of ChhattisgarhMCRC/1202/2019allowed

Chudamani Bagh v. State Of Chhattisgarh

2019-03-06Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1202 of 2019 • Chudamani Bagh S/o Udayram Bagh Aged About 25 Years R/o Village Kavarwali, Police Chowki Sinchhoda, Police Station Saraipali, District Mahasamund Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Van Parichhetradhikari Forest Department Forest Range-Abhyaranya, Gomarda Baramkela, District Raigarh Chhattisgarh ---- Respondent For applicant Mr. Manoj Kumar Jaiswal, Adv.

For non-applicant/State Ms. M. Asha, PL.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 6-31. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other court.

2. The applicant has been arrested in connection with Forest Offence Crime No. 330/21 registered in Forest Department Van Parichhetra Gomarda Abhyaranya Baramkela, Distt. Raigarh (CG) for offence punishable under Section 27, 29, 31, 32, 50, 51 of the Vanya Prani Sarankshan Adhiniyam, 1972.

3. Prosecution story in brief is that on 18-1-2019 at about 9 pm in Kakchh No. 999, Reserved Forest near Chhind Bahali pond, the applicant and other six co-accused were attempting to poach wildlife. From the possession of the applicant, one Bhala, one Talwar and one Kulhadi were seized.

4. Counsel for the applicant argued that the applicant is innocent and has been falsely implicated hence he be released on bail.

5. On the other hand, the State Counsel opposed the bail application. He further submits that no criminal antecedent has been reported against applicant in the police case diary.

6. Looking to the above facts and circumstances of the case, as the trial will take its own time, the application is allowed. It is ordered that if the applicant furnishes one solvent surety for a sum of Rs. 25,000/- along with one personal bond of the like sum to the satisfaction of the trial Court concerned, he be released on bail.

7. CC as per rules.

Sd/- (Sharad Kumar Gupta) Judge Pathak