Amar Lal vs State Of Madhya Pradesh

This is first bail application filed by the applicant-accused under Section 439 of the Cr.P.C. for grant of bail. Applicant is in custody since 18.07.2019 in connection with Forest Crime No.4417/2013 registered at Police Station Forest Circle Officer Jaitahari, District Anuppur for the offence under Sections 9, 39(1) Ka, Kha, 50 and 51 of the Wild Life Protection Act, 1972.

As per allegation, the applicant is said to have hunted wild animals and had sold their meat. It is submitted on behalf of the applicant that the applicant is innocent and has been falsely implicated in the case. He has not committed any offence. It is submitted that the charge sheet has been filed and that no criminal antecedence is reported against the applicant. He is in custody since 18.07.2019. On the aforesaid grounds, the prayer is made to enlarge the applicant on bail.

Learned counsel for the State has opposed the bail application and prayed for its rejection.

Heard learned counsel for the parties and perused the entire material available on record including the case diary.

Considering the entire facts and circumstances of the case and the nature of allegations and evidence against the applicant, this Court is of the view that the applicant may be enlarged on bail, hence, without expressing any opinion on the merits of the case, this application is allowed and it is directed that the applicant Amar Lal be released on bail on his furnishing a personal bond for the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.

This order will remain operative subject to compliance of the following conditions by the applicant :-

(1) The applicant will comply with all the terms and conditions of the bond executed by him;

(2) The applicant will cooperate in the trial;

(3) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

(4) The applicant shall not commit any offence during the period in which he be enlarged on bail;

(5) The applicant will not seek unnecessary adjournments during the trial; and

(6) The applicant will not leave India without previous permission of the trial Court.

(7) The applicant shall inform the trial Court about his address and residence in case he moves out from his permanent address for any point of time; and

(8) The applicant shall not contact any of the other accused persons in this case in any manner whatsoever.

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

The application stands allowed. Certified copy as per rules.