Siyaram Gond And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2845 of 2016

1. Siyaram Gond, S/o. Late Miriram, Aged About 19 Years, By CasteGond.

2. Chamru Ram, S/o. Raghunath, Aged About 35 Years, By CasteGond. Both are R/o. Village Udaypur, Thana- Raydhar, Civil & Revenue Distt. - Navrangpur (Orissa) ---- Applicants

Versus

State Of Chhattisgarh, Through Station House Officer, Police Station - Kanker, Distt. - North Baster Kanker, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicants :

Mr. Sunil Sahu, Advocate For Respondent :

Ms. Sunita Jain, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 14/06/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No.73/2016 registered at Police Station- Kanker, Distt. North Bastar Kanker (C.G.) for the offence punishable under Section 39, 44 & 51 of the Wild Life Protection Act.

2.

Case of the prosecution, in brief, is that on a secret information received on 15.03.2016 that the applicants are looking for purchaser of the skin of Leopard, on being raid made, from the possession of the applicants one skin of Leopard was recovered. 3.

Learned counsel for the applicants would submit that the applicants have been falsely implicated in this case and no investigation has been made as to whether where-from the skin was procured. He further submits that the charge sheet has been

filed and no further investigation is necessary, therefore, the applicants may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the case diary and the documents. Prima facie it appears that from the possession of the applicant, skin of Leopard was seized. This fact cannot be ignored that the Leopard & Tiger are in the verge of extinction and despite that fact and all efforts made by the Government, the offences are not being arrested. Considering the fact that the skin has been recovered from the possession of the applicants, I am not inclined to release the applicants on bail. 6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is rejected.

Sd/- (Goutam Bhaduri) Judge Ashok