Ajay Tandan & Another v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7317 of 2020 • Ajay Tandon S/o Rathram Tandan aged about 28 years, Cast Satnami, • Manoj Bareth S/o Ramlal Bareth aged about 30 years, cast dhobi, both the resident of village Lausara Thana- Baradwar, District- JanjgirChampa (C.G.). ---- Applicant

Versus

• The State Of Chhattisgarh Through: The Police Station Saraipali, District- Mahasamund (C.G.).

---- Respondent For Applicant : Shri Vikash Pradhan, Advocate For Respondent/State : Shri Dinesh Tiwari, Dy. G. A. Hon'ble Justice Shri Gautam Chourdiya Order on Board 07/01/2021

1) Heard

2) The applicants have preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as they arein jail since 21.08.2020 in connection with Crime No. 296/2020 registered at Police Station Saraipali, District- Mahasamund (C.G.) for the offence punishable under Sections 9, 51, 50 (b), 50(a), 39 (1)(b), 20 of Wild Life (Protection) Act 1972, and Section 34 of Indian Penal Code.

3) Case of the prosecution in brief is that on 21.08.2020, the applicants were going for selling teeth of wild pig from sarangarh to Saraipali. On information being received by the police officials the search of motor-cycle bearing registration

No. CG11-CF/6378 was made and from the possession of the applicants, total 8 teeth of wild pig were recovered.

4) Learned counsel for the applicants submits that the applicants have been falsely implicated in the crime in question. It is also submitted that the charge sheet has been filed and the applicants are in jail since 21.08.2020. He further submits that trial is likely to take some time for its final disposal. Therefore, the applicants be released on bail by this Court.

5) On the other hand, learned counsel for the respondent/State opposes the bail application.

6) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, charge-sheet has been filed, the fact that the applicants are in jail since 21.08.2020 and trial is likely to take some time for its final disposal, without commenting upon merits of the case the application is allowed. It is directed that in the event of the applicants executing a personal bond for a sum of Rs.50,000/- each with two sureties of Rs. 25,000/- each to the satisfaction of the concerned Trial Court, they shall be released on bail on the following conditions :- (i) they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (ii) they shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (iv) they shall not involve themselve in any offence of similar nature in future.

Certified copy as per rules Sd/- (Gautam Chourdiya) Judge amita