Dev Singh And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3132 of 2018

1. Dev Singh S/o Heeraman Aged About 25 Years R/o Village Nakati Simoda Police Station Raigarh District Navrangpur, Odisha.

2. Mayaram S/o Jagannath Aged About 37 Years R/o Village Kohkameda District Navrangpur, Odisha.

3. Shivram S/o Dukhaduram Aged About 25 Years R/o Village Doblapar Police Station Kundai District Navrangpur, Odisha.

---- Applicants

Versus

State Of Chhattisgarh Through The Divisional Forest Officer, Forest Area Sarona Chowki Dudhawa District North Bastar Kanker, Chhattisgarh. ---- Respondent For the Applicants :

Shri P.K. Tulsyan, Advocate.

For the Respondent/State :

Shri Vinod Tekam, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

19.06.2018 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No. P.R.O. No.75162 dated 10.3.2018, registered at Police Station Divisional Forest Officer, Sarona Chowki Dudhwa, District North Bastar, Kanker, Chhattisgarh for the offence punishable under Sections 9, 32, 39(2)(3), 43(1)(a)(b)(c), 44, 48, 50, 51, 52 and 59 of the Wild Life (Protection) Act, 1972. 2.

Learned counsel for the applicants submits that the applicants are in jail since 10.03.2018 and have been falsely implicated in this case. No case is made out against the applicants on the basis of the material placed before

the Court by the prosecution. Hence, it is prayed that the applicants be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. 4.

Heard counsel for both the parties and perused the case diary. 5.

On the date of incident, on a search made by the Forest Department of District North Bastar, Kanker, two numbers of skin of leopards were found in possession of these applicants who were travelling on a motorcycle. Hence, this case.

6.

Considering the contents of the case-diary and the nature of the case, the trial of the case is likely to take some time for its final disposal, I am of the considered opinion that the applicants deserve to be released on bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi