High Court Of ChhattisgarhMCRC/3955/2021allowed

Chandan Kumar Chandrakar v. State Of Chhattisgarh

2021-07-27Hon'Ble The Acting Chief Justice2 pages

MCRC No. 3955 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3955 of 2021

1. Chandan Kumar Chandrakar, S/o Shri Karan Kumar Chandrakar, aged about 36 years, R/o Ward No.16, Mahasamund, PS & Tehsil Mahasamund, District Mahasamund (CG) ---- Applicant

Versus

State Of Chhattisgarh Through Forest Range Officer, Baghbahara, Forest Division - Mahasamund (CG) ---- Non-Applicant For Applicant : Shri Surfaraj Khan, Advocate.

For Non-Applicant : Shri Sudeep Agrawal, Deputy AG. Proceeding Through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag CJ Order On Board 27/07/2021 :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No./P.R.O. No.9673/2017 registered in PS: Forest Range Officer, Baghbahara, Forest Division Mahasamund District Mahasamund for offence under Sections 9, 39 (1), (3), 51 & 57 of the Wild Life (Protection) Act, 1972.

2. The applicant along with two other accused persons has allegedly hunted the Indian Bison (Bos gaurus), which is a scheduled animal, as per Schedule-I, Part-I of the Wild Life (Protection) Act, 1972. The applicant allegedly erected the live GI wire in his agricultural field for the purpose of hunting wild animals and on the date of the incident, one

MCRC No. 3955 of 2021 Indian Bison came in contact with the live wire and died instantly.

3. Learned counsel for the applicant submits that the applicant had erected the GI fencing to protect his agricultural field and had no intention to hunt the wild animals.

4. Considering the fact that the offences are triable by the Judicial Magistrate 1st Class and the applicant is in jail since 22.5.2021 i.e. for more than 2 months, I am inclined to release him on bail.

5. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- (Prashant Kumar Mishra) Acting Chief Justice Barve