Ramjit And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.2195 of 2016

1. Ramjit S/o Hari, aged about 65 years,

2. Ramlal S/o Nanka, aged about 55 years,

3. Nandlal S/o Late Meghan, aged about 40 years,

4. Ramratan S/o Dilbodh, aged about 44 years,

5. Ramjit S/o Ramsay, aged about 24 years,

6. Dinanath S/o Ramji, aged about 28 years,

7. Sudarshan S/o Ramjit, aged about 45 years,

8. Ugenath S/o Ramjit, aged about 40 years, All R/o Village Basantpur, P.S. Basantpur, Balrampur, District BalrampurRamanujganj (CG) ---Applicants

Versus

State of Chhattisgarh Through Police Basantpur, District BalrampurRamanujganj (CG) ---Non-applicant For Applicants :

Mr. A.K.Yadav, Advocate For Non-applicant :

Mr. S. Awasthy, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 26/04/2016 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 Forest Crime No.10600/19, registered at Police Station-Basantpur, District-Baloda Balrampur-Ramanujganj (CG), for the offence punishable under Section 9 of the Wild Life (Protection) Act, 1972 and Section 52 of the Indian Forest Act.

2.

Case of the prosecution, in brief, is that the applicants are said to have hunted schedule animal pig and found eating meat of the said animal and thereby committed the offence.

3.

Learned counsel for the applicants would submit that the applicants have not committed any offence and they have falsely been implicated in crime in question. He would further submit that the applicants are in jail since 9.2.2016 and charge-sheet has already been filed, therefore, they may be released on bail 4.

On the other hand, learned counsel for the State would oppose the bail applications.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts & circumstances of the case, nature & gravity of the offence, role of the present applicants, their pretrial detention and the fact that charge-sheet has already been filed, this Court is of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail.

7.

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

8.

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

Sd/- (Sanjay K. Agrawal) JUDGE B/-