Chatur And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4621 of 2016

1. Chatur S/o Shri Chhattar Aged About 25 Years R/o Village Mohanpur, P.S. Lailunga, Distt. Raigarh Chhattisgarh.

2. Dewal S/o Shri Pitamber Aged About 30 Years R/o Village Mohanpur, P.S. Lailunga, Distt. Raigarh Chhattisgarh Civil And Rev. Distt. Raigarh Chhattisgarh.

---- Applicants

Versus

State Of Chhattisgarh Through Forest Ranger, Forest Range - Lailunga, Distt. Raigarh Chhattisgarh.

---- Respondent For applicants - Shri M.K. Sinha, Advocate. For Respondent/State -Shri Lav Sharma, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 17/08/2016 1.

The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No.P.O.R. No.6748/15 registered in Police Station Forest Ranger, Lailunga, Distt. Raigarh (CG) for offence punishable under section 51 (1) (2) of the Wild Life Protection Act, 1972 and Section 2 (16) and 9 of Wild Life (Protection) Amendment Act, 2002.

2.

As per the prosecution case, on 2/05/2016 applicants alongwith other co-accused persons followed one deer in forest with their dogs and the deer was chased by the dogs and subsequently when it was exhausted the applicants alongwith other co-accused persons attacked the deer and killed it and thereby the aforesaid offence committed. 3.

Learned counsel for the applicants submits the applicants have been falsely implicated in the case and infact hunting was made by the dogs, not by the applicants. They only went to forest to watch scene of crime. He further submits that similarly placed co-accused persons have

been enlarged on bail in M.Cr.C. No. 3249/2016 on 4/07/2016, therefore the applicants may be released on bail.

4.

Learned State counsel do not dispute the fact that similarly placed co-accused persons have been enlarged on bail in M.Cr.C. No. 3249/2016 on 4/07/2016.

5.

Considering the facts and circumstances of the case and also for the fact that similarly placed co-accused persons have been enlarged on bail in M.Cr.C. No. 3249/2016 on 4/07/2016, 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