Ramawtar And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1520 of 2019

1. Ramawtar S/o Jogi Aged About 60 Years R/o Resident Are Village - Bthaura, Police Station - Pasta, District Balrampur Ramanujganj Chhattisgarh.

2. Devsay S/o Vishun Aged About 30 Years R/o Resident Are Village - Bthaura, Police Station - Pasta, District Balrampur Ramanujganj Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh Through Forest Range - Kodaura Balrampur, District Balrampur Ramanujganj Chhattisgarh.

---- Respondent For Applicants : Mr. Vikash Pandey, Advocate.

For Respondent/State : Mr. DP Singh, Dy. AG.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 14/03/2019

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 No./POR 13664/2012, registered at Police Station Kodaura, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Section 29, 31, 51 & 17 (A) of the Wild Life Protection Act & 26 (A)(F)(Ã) of the Indian Forest Act.

2. As per prosecution story, on 21.01.2019, it was found that the applicants with intention to encroach the forest land cut 30 Sal trees. On the basis of said, Forest offence have been registered and the applicants are taken in custody on 21.01.2019 and 23.01.2019 respectively.

3. Learned Counsel appearing on behalf of the applicants submits that the applicant are innocent and have been falsely implicated in the

present case. He further submits that the applicants are in custody since 21.01.2019 and 23.01.2019 respectively and trial is likely to take some time. Therefore, they may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned Counsel for the parties and perused the case diary with due care.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the applicants are in custody since 21.01.2019 and 23.01.2019 respectively and trial will 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