Nem Sai And ORS. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2651 of 2016

1. Nem Sai, S/o Moharsai Aged About 25 Years.

2. Mahendra, S/o Ganesh, Aged About 25 Years.

3. Sukhi Ram, S/o Ganesh, Aged About 19 Years.

4. Vifan S/o Manglu, Aged About 30 Years.

5. Sukhsai, S/o Nankiram, Aged About 32 Years.

6. Budhram, S/o Ratiram, Aged About 32 Years. All R/o Village Jarhadand Pendarkhi, P.S. Udaypur, District Sarguja, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh, Through Station House Officer, Police Chowki Tara, Police Station Prem Nagar, District Surajpur, Chhattisgarh ---- Respondent For applicants - Shri C. Jayant K. Rao, Advocate. For Respondent/State - Miss. Sunita Jain, PL. Hon'ble Shri Justice Goutam Bhaduri Order 21/06/2016 1.

The applicants have preferred this application for grant of bail as they are arrested in connection with Forest Crime No. 12072/04 registered in Police Station Police Chowki Tara, P.S. Prem Nagar for offence punishable under section 9/51 of Indian Wild Life Protection Act and Section 5/15 of Chhattisgarh Vanopaj Vinimiyan, 1969. 2.

As per the prosecution case co-accused Mustafa Sheikh and Alaudin Sheikh were found in possession of 3 kgs of trophy and 2 kgs of bones of Pangolin on 10/02/2016 and the present applicants were extending all help to sell the same in the open market. 3.

Learned counsel for the applicants submits that primary allegations were against co-accused Mustafa Sheikh and Alaudin Sheikh who have

been granted bail in M.Cr.C. No.2505/2016 by the coordinate bench of this court on 8/06/2016 and therefore case of the applicants are at better footing. He further submits that applicants are in jail since 25/02/2016 and charge sheet has been filed, therefore the applicants may be released on bail.

4.

Learned State counsel however do not dispute the fact that similarly placed co-accused have been granted bail in M.Cr.C. No.2505/2016. 5.

Taking into facts and circumstances of the case and also for the fact that similarly placed co-accused have been granted bail in M.Cr.C. No.2505/2016, this court is inclined to release the applicants on bail. 6.

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

Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri