Prakash & ORS. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2031 of 2021

1. Prakash S/o Anjori, caste Teli, Aged About 35 Years,

2. Chetan S/o Adhin Caste Gond, Aged About 42 Years,

3. Santu S/o Bahal, Caste Gond, Aged About 28 Years,

4. Kartik S/o Panchram Caste Teli, Aged About 29 Years,

5. Shatruhan S/o Vishram, Caste Yadav, Aged About 35 Years, All R/o Village Magarkund, Police Station Mohgaon, Tahsil Chuikhadan, District Rajnandgaon (Chhattisgarh) ---- Applicants

Versus

State Of Chhattisgarh Through - Forest Range Gandai, Forest Division Khairagarh, District- Rajnandgaon (Chhattisgarh) ---- Respondent For applicants - Shri Abhishek Sharma, Advocate. For Respondent/State - Shri Ashish Tiwari, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 30/07/2021 1.

The applicants have preferred this application for grant of bail as they are arrested in connection with Forest Crime No.35/868 registered in Police Station Forest Range Officer Gandai, Forest Division Khairagarh, District Rajnandgaon (C.G.) for offence punishable under sections 2(2) (16-B)(16-C) (20)(35)(36)9(w)(r) 40, 50, 51, 52, 57 of the Wild Life (Protection) Act, 1972.

2.

As per the prosecution case, on 23/02/2021 a dead body of leopard was found, subsequently all the body parts were recovered from the possession of the applicants, therefore they were arrested on 25/02/2021 and skin other body parts and paws were recovered. 3.

Learned counsel for the applicants submits that only on the presumption the applicants have been arrested, charge sheet has been filed, no further recovery or investigation is necessary, therefore the

applicants may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Considering the fact that the applicants are in jail since 25/02/2021, recovery has already been made. Taking into fact that no further investigation is necessary, this court is inclined to release the applicants on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicants shall be released on each of them furnishing personal bond for a sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of concerned trial court for their regular appearance before it as and when directed. Sd/- (Goutam Bhaduri) JUDGE gouri