Koushal Kumar Gupta And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8620 of 2018 1.

Koushal Kumar Gupta S/o Suresh Prasad Gupta, aged about 23 years, R/o Birajpur, P.S. Ramkanda, Distt. Garhwa (Jharkhand) 2.

Anup Verma S/o Awdhesh Verma, aged about 20 years R/o Nimiya P.S.- Daltonganj, Distt. Palamu (Jharkhand).

3.

Kunal Singh S/o Puran Singh, aged about 24 years R/o Mon P.S. Daltonganj Distt. Palamu (Jharkhand).

--- Applicants

Versus

State of Chhattisgarh, Through The Forest Range Officer, Semarsot Abhyaranya wrongly mention as Abhyahara, Distt. Balrampur-Ramanujganj (C.G.).

---- Respondent For Applicants :

Mr. A.N. Pandey, Advocate For Respondent :

Ms. Smita Ghai, PL Hon'ble Shri Justice Arvind Singh Chandel Order on Board 01/12/2018 1.

The Applicants have preferred this First bail application under Section 439 of the Cr.P.C for grant of regular bail as they are arrested in connection with Forest Crime No. 16520/02 registered at Police Station Semarsot Abhayaranya, Distt. Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 20 (F) (W) of the Indian Forest Act, 1927 and Sections 27, 29, 31 & 51 of the Forest Animal Protection Adhiniyam 1972 & Section 3, 1 (A) of the Lok Sampati Kshati Nivaran Adhiniyam, 1984.

2.

As per prosecution story, on 08/10/2018 vehicle bearing registration No. BR02GA3494 was searched by the Forest Official. On being searched, total 99 pieces of Saal wood was found loaded in the said

vehicle. It is alleged that the Applicants were illegally transporting the said woods, which were seized from their joint possession. On the basis of the above, offence has been registered. The Applicants have been taken into custody on 08/10/2018.

3.

Learned counsel appearing on behalf of the Applicants submits that the Applicants are innocent and have been falsely implicated. They are in custody since 08/10/2018 and trial will take time, therefore, the Applicants may be released on bail.

4.

Per contra, learned counsel appearing on behalf of the State opposes the bail application.

5.

I have heard learned counsel for both the parties. 6.

Considering the entire facts and circumstances of the case, particularly considering that the Applicants are in jail since 08/10/2018, they have no known criminal antecedent and trial will likely to take some time, without further commenting on merit of the case, I am inclined to release the Applicants on bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the Applicants shall be released on bail on each of them executing a personal bond for a sum of Rs. 20,000/- with one surety for the like amount to the satisfaction of the trial Court for their appearance before the said Court, as and when directed. Sd/- (Arvind Singh Chandel) Judge Shubam