Ghasiram & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1858 of 2019

1. Ghasiram & Anr. S/o Shri Sukhlal Mahto Aged About 40 Years Caste Gond, R/o Village Dhouramuda, P. S. Seepat, District Bilaspur Chhattisgarh

2. Budhram S/o Shri Samaru Aged About 20 Years Caste Gond, R/o Village Dhouramuda, P. S. Seepat, District Bilaspur Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through Forest Range Officer, Forest Range, Beltara, District Bilaspur Chhattisgarh ---- Non Applicant For the Applicants :

Shri Achyut Tiwari, Advocate For Non Applicant :

Shri Washim Miyan, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 03.04.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and no other bail application is pending before any other Court.

2.

Perused the case diary provided by the learned counsel for the State in connection with Crime No.12739/2017 registered at Police Station- Forest Range Officer, Forest Range- Beltara, District- Bilaspur (C.G.) for the offence punishable under Section 52 of Indian Forest Act, 1927 & 9,15,39,49,50,51 of Wild Life Protection Act, 1972.

3.

Case of the prosecution, in brief is that applicants caught one extinct pangolin from reserved forest Bitkuli and kept it in the house of applicant No.2 Budhram. The pangolin was seized from applicants.

4.

Learned counsel for the applicants submits that applicants have no criminal background, they are innocent and have been falsely implicated in the present case, therefore, they shall be released on bail. 5.

On the other hand, learned counsel for the State opposes the bail application, however, submits that there is no criminal antecedent against the applicants. 6.

Looking to the facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, it is directed that if each applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond of Rs.25,000/- to the satisfaction of the concerned trial Court, they shall be released on bail.

7.

Certified copy as per rules.

Sd/- Sd/-d/- (Sharad Kumar Gupta) Judge Parul