Rambaran Shardul And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3247 of 2016

1. Rambaran Shardul S/O Bhakauram Aged About 40 Years,

2. Hemant Rao S/o Damodar Rao Aged About 21 Years Both are R/O Village Banskot P.S. Vishrampuri Civil & Revenue District Kondagaon Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through : The Police Staion Vishrampuri District Kondagaon Chhattisgarh ---- Respondent For applicants - Shri P.K. Tulsiyan, Advocate. For Respondent/State - Shri Sumit Jhanwar, PL. Hon'ble Shri Justice Goutam Bhaduri Order 5/07/2016 1.

The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No. 34/2016 registered in Police Station Vishrampuri Distt Kondagaon for offence punishable under sections 39, 40 and 51 of Wild Life Protection Act, 1972. 2.

As per the prosecution case on 5/04/2016 on an information received that two persons are coming with skin of wild animal in motorcycle bearing No.C.G. 04 4812 was intercepted and on inspection from the possession of the applicant one skin was recovered that was of panther. Thereby, offence is committed.

3.

Learned counsel for the applicants submits that the applicants have been falsely implicated in the case and seizure witnesses have not supported the case of the prosecution, applicants are in jail since 5/04/2016, therefore the applicants may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail.

5.

Perused the case diary and the documents. As appears from the possession of the applicant skin of the panther was recovered. Considering the fact that animal like nature are at the verge of extinct, however hunting is not been arrested. Taking into fact and degree of offence and facts and circumstances and considering the recovery made, this court is not inclined to release the applicant on bail. 6.

Accordingly, the bail application is dismissed. However, the trial court is requested to expedite the trial.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri