Bhushan Manjhi And ORS. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2859 of 2016

1. Bhushan Manjhi S/o Shri Jugal Manjhi Aged About 30 Years R/o Village Mahulpada, P.S. Sinapali, District Nuapada, (Odisha).

2. Jagdish Ganda S/o Shri Shyamlal Ganda Aged About 50 Years R/o Village Littipara, P.S. Piparchedi, District Gariyaband, Chhattisgarh.

3. Jadav Manjhi S/o Shri Tularam Manjhi Aged About 27 Years R/o Village Talakot, P.S. Sinapali, District Nuapada, Odisha. ---- Applicants

Versus

State Of Chhattisgarh Through The Police Station Mainpur, District Gariyaband, Chhattisgarh ---- Respondent For applicant - Shri Anjinesh Shukla, Advocate. For Respondent/State - Shri Lav Sharma, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 14/06/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 23/2016 registered in Police Station Mainpur, Gariyabandh for offence punishable under sections 9, 39 (B), 20, 51 of the Wild Life (Protection) Act,1972.

2.

As per the prosecution case on 19/02/2016 on information being received that applicants were trying to sell Pangolin, they were intercepted and from the possession of the applicants one live Pangolin was recovered. Thereby offence is committed.

3.

Learned counsel for the applicants submits that Pangolin was not meant for sale neither they have killed the Pangolin nor have caused any damage but infact it was being carried out to hand over to the proper authorities. He submits that charge sheet has been filed, no further

evidence is required, therefore the applicants may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

I have perused the case diary and the statement which shows that live Pangolin was recovered from the possession of the applicants. Considering the fact that charge sheet has been filed, no further investigation is required. Taking into fact that applicants are in jail since 19/02/2016, 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