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High Court Of ChhattisgarhMCRC/1524/2019allowed

Manharan Maravi v. State Of Chhattisgarh

2019-03-20Hon'Ble Shri Justice Arvind Singh Chandel3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1524 of 2019 • Manharan Maravi S/o Shri Pratap Aged About 32 Years By Caste Gond, R/o Village Bokarakachar, Police Station And Tahsil Lormi, District - Mungeli Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station - Forest Range Pandariya, District - Kabirdham Chhattisgarh. ---- Respondent AND MCRC No. 1338 of 2019

1. Ramlal Porte S/o Panchram Aged About 28 Years Caste Baiga, R/o Village Samardhashan, P. S. And Tahsil Lormi, District Baloda Bazar Bhatapara Chhattisgarh

2. Ramprasad S/o Ramsingh Aged About 26 Years Caste Baiga, R/o Village Bokarakachar, P. S. And Tahsil Lormi, District Baloda Bazar Bhatapara Chhattisgarh

3. Narendra Porte S/o Chaitram Aged About 24 Years Caste Baiga, R/o Village Samardhashan, P. S. And Tahsil Lormi, District Baloda Bazar Bhatapara Chhattisgarh

4. Ramcharan Soni S/o Shivprasad Aged About 34 Years Caste Soni, R/o Darwaja, P. S. And Tahsil Lormi, District Baloda Bazar Bhatapara Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Forest Range Pandariya, District Kabirdham Chhattisgarh ---- Respondent For Applicants (in MCRC 1524/2019) : Mr. Awadh Tripathi, Advocate

For Applicants (in MCRC 1338/2019): Mr. Awadh Tripathi, Advocate For Respondent/State : Mr. VK Agrawal, PL.

Hon'ble Shri Justice Arvind Singh Chandel Order on Board 20/03/2019 1.

Since both the cases arise out of same crime number, therefore, they are being disposed of by this common order. 2.

The applicants have preferred these first bail applications under Section 439 of the Cr.P.C for grant of regular bail as they are arrested in connection with Forest Crime No. 1376/2019 registered at Police Station- Forest Range Pandariya, Distt. Kabirdham (C.G.) for the offence punishable under Sections 2 (11), 9, 16, 20, 33, 35, 39 (A), 44, 50, 51 & 52 of the Wildlife Protection Act, 1972.

3.

As per prosecution story, on 15.01.2019, on the basis of information received from an informant, all the applicants were searched by the forest officials. On being searched, skin and meet of scheduled forest animal Panther and other body parts of Panther have been seized from their possession and they have been taken in custody on 16.01.2019.

4.

Learned Counsel appearing on behalf of the Applicants submits that the Applicants are innocent and have been falsely implicated in the case. He further submits that the applicants are in custody since 16.01.2019, charge-sheet has been filed and trial is likely to take some time to conclude. Therefore, the applicants may be released on bail.

5.

Per contra, learned counsel appearing on behalf of the State

opposes the bail applications.

6.

I have heard learned counsel for both the parties. 7.

Considering the above facts and circumstances of the case, particularly considering the fact that the applicants are in custody since 16.01.2019, charge-sheet has been filed and trial is likely to take some time to conclude, without further commenting on merits of the case, I am inclined to release the applicants on bail. 8.

Accordingly, the bail applications are allowed. 9.

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 in 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