Basant Khadiya And Others v. State Of Chhattisgarh
MCRC No. 7651 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7651 of 2020
1. Basant Khadiya S/o Neelu Khadiya Aged About 30 Years R/o Naya Basti, Jhumarkati Village Gourkheda, Police Station And Tahsil Mahasamund District Mahasamund Chhattisgarh
2. Toran S/o Manglu Khadiya Aged About 39 Years R/o Naya Basti, Jhumarkati Village Gourkheda, Police Station And Tahsil Mahasamund District Mahasamund Chhattisgarh
3. Chandu Dhruw S/o Budhram Dhruw Aged About 50 Years R/o Sirgidi, Police Station Khallari, Tahsil and District Mahasamund Chhattisgarh
4. Harishchandra Sahu S/o Badku Sahu Aged About 50 Years R/o Sirgidi, Police Station Khallari, Tahsil and District Mahasamund Chhattisgarh
5. Loku Diwan S/o Kejau Diwan Aged About 55 Years R/o Sirgidi, Police Station Khallari, Tahsil and District Mahasamund Chhattisgarh ---- Petitioner
Versus
• State Of Chhattisgarh Through The Range OfÏcer, Forest Range, Mahasamund Mahasamund, Chhattisgarh ---- Respondent For Applicants Mr. R. Pradhan, Advocate For Respondent /State Mr. Alok Nigam, Government Advocate SB.: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 8/1/2021
1. Heard.
2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants, who have been arrested in connection with Crime No.-P.O.R.
MCRC No. 7651 of 2020 No.9696/2016 (Actual P.O.R. No.9643/2019), registered at Police Station Forest Range, Mahasamund, District Mahasamund (CG) for the offence punishable under Sections 09, 39(1), 44(1)sd, 49(£)M, 50 & 51 of the Wild Life Protection Act, 1972.
3. The applicants have allegedly hunted and killed a deer within the Forest Range, Mahasamund and thereafter, consumed its meat.
4. Since the applicants have already consumed the meat, recovery made therefrom is of the bones of the killed deer.
5. Learned counsel for the applicants submits that the offences are triable by the Judicial Magistrate First Class and the applicants are in jail since 3.10.2020, therefore, they are entitled to be released on regular bail.
6. On due consideration, the bail application is allowed and the applicants are directed to be released on bail on each of them furnishing a personal bond for a sum of Rs.50,000/- with one surety each in the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court.
7. Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna