Ajay Jaiswal v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 7419 of 2015

1. Ajay Jaiswal, S/o. Shri Kanhaiyalal Jaiswal, aged about 25 years, Caste-Kalar, R/o. Village- Khamhar, Thana-Dharamjaigarh, District - Raigarh (C.G.) ----Applicant

Versus

1. State of Chhattisgarh, Through : Forest Range - Pathalgaon, District Jashpur (C.G.) ---- Respondent For Applicant : Mr. Vinay Pandey, Advocate For Respondent/State : Mr. Anupam Dubey, Dy.Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 06/01/2016 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 applicant who has been arrested in connection with Crime No./P.R.O. No.8717/2015, registered at Police Station/Forest Range- Pathalgaon, District - Jashpur (C.G.) for the offence punishable under Section 2, 9, 40, 39, 44, 50, 51 of the Wild Life (Protection) Act, 1972. 2.

Case of the prosecution, in brief, is that on 25.11.2015, the applicant alongwith other co-accused were carrying trophy of skin of Pangolin and travelling towards Ambikapur.

3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He would further submit that charge-sheet in this case has been filed and the applicant is in jail since 26.11.2015, therefore, he prays that the applicant may be

Page No.2 enlarged on bail.

4.

On the other hand, learned counsel for the State opposes the bail application.

5.

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

6.

Having regard to the facts and circumstances of the case and the fact that charge-sheet in this case has been filed and as appears that no other seizure is to be made and further considering the fact that the applicant is in jail since 26.11.2015, this Court is of the opinion that present is a fit case, in which, the applicant 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 applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram