High Court Of ChhattisgarhMCRC/1110/2019allowed

Ramkumar & ORS. v. The State Of Chhattisgarh

2019-04-03Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1110 of 2019

1. Ramkumar S/o Shri Bajaru Aged About 42 Years By Caste - Baiga, R/o Village Rajak, Post - Surahi, Thana And Tahsil - Lormi, District Mungeli Chhattisgarh.

2. Prahlad S/o Shri Sahdev Aged About 28 Years By Caste - Baiga, R/o Village Rajak, Post - Surahi, Thana And Tahsil - Lormi, District Mungeli Chhattisgarh.

3. Rajsingh S/o Shri Chetan Aged About 20 Years By Caste - Baiga, R/o Village Rajak, Post - Surahi, Thana And Tahsil - Lormi, District Mungeli Chhattisgarh.

4. Ramdas S/o Shri Dasharam @ Dashrath Aged About 22 Years By Caste - Baiga, R/o Village Rajak, Post - Surahi, Thana And Tahsil - Lormi, District Mungeli Chhattisgarh.

5. Godiya S/o Sunau Aged About 33 Years By Caste - Baiga, R/o Village Rajak, Post - Surahi, Thana And Tahsil - Lormi, District Mungeli Chhattisgarh.

6. Chatur S/o Shri Chhotu Aged About 29 Years By Caste - Baiga, R/o Village Rajak, Post - Surahi, Thana And Tahsil - Lormi, District Mungeli Chhattisgarh.

---- Applicants

Versus

• The State Of Chhattisgarh Through The Forest Officer, Forest Circle Surahi, Achanakmar Tiger Reserve Lormi, District Mungeli Chhattisgarh.

---- Respondent For Applicants : Mr. Sunil Sahu, Advocate.

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

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 03/04/2019

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 crime/POR no. 15731/2006, registered at Forest Officer, Forest Circle: Surahi, Achanakmar Tiger Reserve Lormi,

District Mungeli (C.G.) for the offence punishable under Sections 2, 9, 27, 29, 30, 31, 32, 39, 44, 48, 50, 52 & 57of the Wild Life Protection Act 1972.

2. As per prosecution story, on 27.11.2018, when forest officials checked their trap camera, it was found that on 19.11.2018 at about 3:33 and 3:38 PM, the applicants have hunted the Sambar Deer, wild animal, with the help of bow and arrow. On the basis of above, offence has been registered. The applicants are in custody since 30.11.2018.

3. Learned counsel appearing on behalf of the applicants submits that the applicants are innocent and have been falsely implicated in the present case, they are in custody since 30-11-2018, charge-sheet has already been filed and trial is likely to take some time. Therefore, the applicants 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 30-11-2018, charge-sheet has already been filed and trial is 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