Nemai And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M. Cr. C. (A) No. 108 of 2017

1. Nemai S/o Shri Pratap Bariha, aged about 25 years, R/o Village- Gidhpuri, Thana- Rajadeori, Police Outpost Baya, Civil & Revenue District BalodabazarBhatapara, Chhattisgarh.

2. Angad S/o Shri Nandlal Saura, aged about 24 years, R/o Village- Gidhpuri, Thana- Rajadeori, Police Outpost Baya, Civil & Revenue District BalodabajarBhatapara, Chhattisgarh. ---- Applicants

Versus

State of Chhattisgarh through Forest Division Officer Devpur, Civil & Revenue District Balodabajar- Bhatapara, Chhattisgarh. ---- Respondent For Applicants :

Shri Sunil Sahu, Advocate For Respondent/State :

Shri Anant Bajpai, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order On Board 05.05.2017 The present application under Section 438 of Cr.P.C. has been filed seeking for grant of anticipatory bail to the applicants apprehending their arrest in connection with Crime No. POR No.6237/07 registered at Forest Division Devpur, District Balodabajar-Bhatapara (CG) for the offence punishable under Section 2 Sub Sections 16, 35 and Section 27, 09 & 31 of Wild Life Protection Act 1972. The allegation against the present applicants is that they along with other accused persons are said to have entered Barnawapara wild life sanctuary which is restricted area for hunting animals. On arrest of one of the accused persons namely Sanjay Kumar, he has named the present applicants. From the record it reveals that in the course of investigation, one nail cutter, G.I. wires approximately 2.65 Kg. etc. were also recovered.

Taking into consideration the nature of allegation levelled against the applicants, this Court is of the opinion that it is not a fit case where the applicants can be given the advantage of anticipatory bail.

Accordingly, the instant application filed under Section 438 Cr.P.C. stands rejected.

Sd/- P. Sam Koshy Judge Bhola