High Court Of ChhattisgarhMCRC/3711/2016allowed

Sandeep Dhurva v. State Of Chhattisgarh

2016-07-22Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3711 of 2016 Sandeep Dhurva, S/o. Jawahar Singh, Aged About 32 Years, R/o. Village Kanhar Puri, P.S. Korar, Tahsil Kanker, Civil & Revenue District North Bastar Kanker, Chhattisgarh ......Applicant

Versus

State Of Chhattisgarh, Through : The Divisional Forest Officer, Forest Area Antagarh, District North Bastar Kanker, Chhattisgarh --- Respondent For the Applicant :

Mr. A.L.Singroul, Advocate For the Respondent :

Mr. Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 22.07.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with P.R.O.No.7577/14 registered by Divisional Forest Officer Antagarh, Distt. North Bastar Kanker (C.G) for the offence punishable under Section 9, 39, 40(2)(4), 44, 49(B)(iii), 50, 51 & 52 of the Wild Life Protection Act.

2. As per the prosecution case, the present applicant and other coaccused were found making attempt to sell the trophy of tiger and thereby committed offence.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the case. He further submits that similarly placed co-accused have been granted regular bail by the co-ordinate Bench of this Court by order dated 09.05.2016 passed in M.Cr.C.No.2301/2016 and also by this Court on 15.06.2016 in M.Cr.C. No.2901/2016, therefore, being in parity the present applicant may also be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail, however, he do not dispute the fact that the similarly placed co-accused have been enlarged by on bail.

5. Having heard learned counsel for the parties and after perusal of the case diary and further considering the role of the present applicant as also the facts that the similarly placed co-accused have been granted bail by the co-ordinate Bench as also by this Court, I am inclined to release the applicant on bail.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the trial Court as and when directed by the said Court.

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Aks