Telsingh Tandiya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3035 of 2017 • Telsingh Tandiya S/o Aasharat Tandiya, Aged About 33 Years R/o Bhathipara (Usrijor), Police Station Devbhog, District Gariyaband, Chhattisgarh.

---- Applicant (In jail)

Versus

• State of Chhattisgarh Through Forest Ranger, Forest Range, Risgaon (Tiger Reserve), Head Office Sankra, Police Station Sihava, District Dhamtari, Chhattisgarh.

---- Respondent ------------------------------------------------------------------------------------------ For Applicant :

Shri Anil Gulati, Advocate For Respondent/State :

Shri Anil S Pandey, GA ------------------------------------------------------------------------------------------ Hon'ble Shri Justice Anil Kumar Shukla Order on board 29.05.2017 1) The applicant has preferred this application for grant of bail as he is arrested in connection with Forest Crime POR No. 5525 of 2015 registered at Police Station Forest Ranger, Forest Range, Risgaon (Tiger Reserve), Head Office Sankra, Police Station Sihava, District Dhamtari (CG) for offences punishable under Sections 27, 29, 31, 38, 51, 52 of Wild Life Protection Act, 1972 and Section 3(1)(A) of Prevention of Damage to Public Property Act. 2) As per prosecution case, the applicant and others have encroached upon the Tiger Reserve at Risgaon, damaged the forest and destroyed the abode of wild animals and also caused loss to the forest to the tune of Rs.64, 54, 929/-.

mcrc 3035 of 2017 3) Learned counsel for the applicant submits that similarly placed co-accused person has been enlarged on bail on 16.03.2017 in MCRC No.1337 of 2017. Therefore, the applicant may be released on bail.

4) Learned counsel for the State is not able to dispute the fact that similarly placed co-accused person has been enlarged on bail. 5) Considering the facts and circumstances of the case and also for the fact that similarly placed co-accused person has been enlarged on bail on 16.03.2017 in MCRC No.1337 of 2017, this Court is inclined to release the applicant on bail. 6) Accordingly, the bail application is allowed and it is directed that the applicant shall be released on furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial Court for his regular appearance before it as and when directed.

7) Certified copy as per rules.

Sd/- (Anil Kumar Shukla) Vacation Judge padma