Tiharu Ram Netam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Miscellaneous Criminal Case No. 2940 of 2017 Tiharu Ram Netam S/o Aniruddh, aged about 29 years, R/o Jabarra, Police Station Dugli, District Dhamtari, Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh through Office of Forest Ranger, Dugli ( Samanya ), Samanya Forest Division Dhamtari, District Dhamtari, Chhattisgarh ---- Respondent For Applicant :

Shri Anil Gulati, Advocate For State/Respondent :

Shri U. N. S. Deo, Government Advocate Hon'ble The Vacation Judge Order on Board 22/05/2017 1.

The applicant has preferred this application under Section 439 Cr.P.C. for grant of bail as he has been arrested in connection with P.O.R. No.2025/22 registered at Police Station Forest Ranger, Dugli (Samanya), Samanya Forest Division, Dhamtari (Chhattisgarh) for the offence punishable under Section 26(1)(N), 39(2)(3), 43(1)(A) and Section 51 of Wild Life Protection Act.

2.

The applicant was allegedly found to be in possession of 162 numbers of parrot, 4 pieces of wooden plank and 3 pieces of wooden shaft on 18.03.2017. The offences are triable by a Judicial Magistrate First Class, there is no antecedent of commission of similar nature of crime and the charge sheet has already been filed.

3.

Considering the entire facts and situation of the case, this Court is inclined to release the applicant on bail.

4.

Accordingly, the bail application filed under Section 439 CrPC is

allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. It is made clear that in the event that the applicant is found to commit any forest offence or offence under the Wild Life Conservation during the course of the trial, the present order releasing him on bail shall loose its efficacy and the concerned Police shall be entitled to take back the applicant into custody after informing the Trial Court.

Sd/- (Prashant Kumar Mishra) Vacation Judge Bhola