Rustam And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 201

1. Rustam Son of Udal Singh Gond, aged about 21 years,

2. Sukalu son of Udal Singh Gond, aged about 25 years,

3. Sajan, son of Mahruram Gond, aged about 28 years,

4. Viswanath, son of Niruram Gond, aged about 22 years,

5. Ramdayal, son of Samaru Yadav, aged about 22 years,

6. Mahru Ram, Son of Singlu, aged about 60 years, All resident of Village Malhar, Thana Manpur, Civil & Revenue District Rajnandgaon (C.G.) ---- Applicants

Versus

State Of Chhattisgarh Through Police of Forest Circle, Uttar Manpur, Civil & Revenue District Rajnandgaon (C.G.) ---- Non-applicants For Applicants:

Mr. Punit Ruparal, Advocate.

For Respondent/State:

Mr. Dhiraj Kumar Wankhede, Govt.

Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 1 8 /0 4 /201 Heard.

(1) The accused/applicants have moved this bail application under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No. POR No. 7122/25 registered at Police Station Police for Forest Circle, Uttar Manpur, District Rajnandgaon (C.G.) for the offences punishable under Sections 2(16) 9, 50 & 51(a) of the Wild Life (Protection) Act, 1972.

(2) Case of the prosecution, in brief, is that applicants have hunted scheduled wild animal on 8.3.2016 and thereby committed the aforesaid offences.

(3) Counsel for the applicant submits that the applicants have been falsely implicated in the offence in question as they have not committed any offence. He further submits that the applicants are in detention since 9.3.2016 and the charge sheet is yet to be filed but substantial investigation has already been completed and, therefore, the applicant may be released on bail. (4) On the other hand, counsel for the State opposes the bail application.

(5) Taking into consideration the nature & gravity of the offence; facts & circumstances of the case; further considering the facts that applicants are in detention since 9.3.2016 and the substantial investigation has already been completed; this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the bail application is allowed. (6) Accused/applicants are directed to be released on bail on each of them executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-