Jeevan Singh And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2901 of 2016

1. Jeevan Singh S/o Ram Singh Dhruve Aged About 32 Years R/o Village Bhingijara, P.S. Pakhanjur Civil & Revenue District North Bastar Kanker, Chhattisgarh.

2. Rajendra Baghel (As Per Challan) S/o Ram Chandra Baghel Aged About 44 Years R/o Village Jiramtarai, P.S. Koyalibeda, Civil & Revenue District North Bastar Kanker, Chhattisgarh.

3. Dinesh Baghel (As Per Challan) S/o Laxminath Baghel Aged About 24 Years R/o Village Murnar P.S. Koyalibeda, Civil & Revenue District North Bastar Kanker, Chhattisgarh. Petitioners

Versus

State of Chhattisgarh Through The Divisional Forest Officer, Forest Area Antagarh District North Bastar Kanker, Chhattisgarh.

--- Respondent For the applicant :

Mr. Pravin Tulsyan, Advocate For the Respondent :

Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 15.06.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicants in connection with P.R.O.No.7577/14 registered by Divisional Forest Officer Antagarh, Distt. North Bastar Kanker (C.G) for the offence punishable under Section 9, 39, 40(2)(4), 44, 49(B)(iii), 50, 51 & 52 of the Wild Life Protection Act.

2. As per the prosecution case, the present applicant and other co-accused were found making attempt to sell the trophy of tiger and thereby committed offence.

3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have

been falsely implicated in the case. He further submits that similarly placed co-accused Vinod Mankar has been granted regular bail by the co-ordinate Bench of this Court by order dated 09.05.2016 passed in M.Cr.C.No.2301/2016, therefore, being in parity the present applicants may also be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail. However, she does not dispute the fact that similarly placed coaccused has been enlarged by co-ordinate Bench of this Court in M.Cr.C.No.2301/2016.

5. Having heard counsel for the parties and after perusal of the case diary and further considering the role of the present applicants as also the facts that similarly placed co-accused has been granted bail by the coordinate Bench and the applicants are stated to be in jail since 06.01.2016, I am inclined to release the applicants on bail.

6. Accordingly, the bail application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond in sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court. They shall also appear before the trial Court as and when directed by the said Court. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao