Pushpraj And Others v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8334 of 2020

1. Pushpraj S/o Narsingh Aged About 42 Years R/o Village Charouda, (B) Van Parichhatra Barnayapara P.S. Rajadevari, District Balodabazar Bhatapara Chhattisgarh.

2. Sanjay @ Shrawan S/o Sewakram Gond Aged About 35 Years R/o Village Charouda, (B) Van Parichhatra Barnayapara P.S. Rajadevari, District Balodabazar Bhatapara Chhattisgarh.

3. Dilip Kumar S/o Lachchhiram Goand Aged About 30 Years R/o Village Charouda, (B) Van Parichhatra Barnayapara P.S. Rajadevari, District Balodabazar Bhatapara Chhattisgarh.

---- Applicants

Versus

• State of Chhattisgarh Through Van Parichhatra Barnayapara, District Balodabazar Bhatapara C.G. ---- Respondent For Applicants :

Mr. Sanjeev Das, Advocate.

For Respondent :

Mr. Devesh Verma, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 22.03.2021 The applicants have filed this bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No./P.O.R. No. 1915/04 registered at Police Station/Forest Circle- Van Parichhatra Barnayapar, District- Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 02, 09, 27, 31, 39, 44, 48, 48a, 50, 51 & 52 of Wild Life

Protection Act 1972.

As per the prosecution case, the allegation against the applicants is that on being informed, Van Chhetrapal searched the house of the applicants and seized flesh of the deer (Sambhar), G.I. electric wire and other things from their possession. Based on that, after investigation, offence has been registered against the applicants and they have been arrested.

Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. He further submits that the co-accused person of the same crime number have been granted bail by this Court on 02.02.2021 in MCRC No. 9146/2020. He further submits that the applicants are in jail since 24.10.2020 and they are ready to furnish adequate surety and shall abide by all the directions and conditions imposed upon them by the Court, therefore, the present applicants may also be granted bail.

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

I have heard learned counsel for the parties. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of the applicants, as the trial is likely to take some time for its final disposal,

this Court is of the view that it is a fit case to release the applicants on bail. Accordingly, the applications are allowed.

Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 1,00,000/-each, with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the said Court on each and every date given to them by the said Court.

Sd/- (Rajani Dubey) Judge V/-