High Court Of ChhattisgarhMCRC/8515/2016allowed

Parash Ram Dheemar v. State Of Chhattisgarh

2017-01-09Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8515 of 2016 • Parash Ram Dheemar S/o Ramadhin Dheemar Aged About 40 Years R/o Village- Gagra, Police Station- Arjuni, Tehsil & District Dhamtari, Chhattisgarh. --- Petitioner

Versus

• State of Chhattisgarh through Forest Circle (S.D.O.) Forest Nagri, Office-Nagri District Dhamtari, Chhattisgarh. --- Respondent For the applicant :

Mr. Pawan Kesarwani, Advocate For the Respondent :

Mr. U.K.S. Chandel, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 09.01.2017

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Forest Crime No. 8048/2016 registered at P.S. Forest Circle (SDO) Forest Nagri, OfficeNagri, Distt. Dhamtari (C.G) for the offence punishable under Section 26(1)(i) of the Forest Act and Sections 39(2) (3), 9, 48(A) of the Wild Life Protection Act.

2. As per the prosecution case, on 24.11.2016 the applicant was found carrying 4 pieces of Horns of Cheetal on his motorcycle, thereby the offence is committed.

3. Learned counsel for the applicant would submit that in fact the applicant has entered into a dispute when he went to make a report against the forest officers therefore he has been falsely implicated in forest offence and hence he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary and documents. It appears that the

alleged seizure has been made and the investigation is complete.

6. Considering the degree of allegations levelled against the applicant and the fact that the applicant is in jail since 26.11.2016, I am inclined to allow this bail application.

7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the trial Court as and when directed by the said Court till disposal of the trial.

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o