Arun Kumar vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed for grant of regular bail in connection with the Case Crime No.92 of 2023, registered at police station Khanpur, District Haridwar. Applicant is in judicial custody under Section 9/ Section 39 read with Section 51 of the Wild Life (Protection) Act, 1972.

As per prosecution, informant Naveen Singh Chauhan, Sub-Inspector, was busy in checking the vehicles along with other police personnel on 07.04.2023. On a secret information, present applicant Arun Kumar and co-accused Deepak were apprehended by the police. At that time, they were on a scooter. Applicant was pillion rider. Police recovered six live tortoise from a plastic bag carried by the present applicant. After completion of the investigation, charge-sheet has been filed.

Heard Mr. Gaurav Singh, learned counsel for the applicant through video conferencing and Mr. V.S. Rathore, learned AGA for the State.

Mr. Gaurav Singh, Advocate, contended that applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. No person from the public was involved at the time of the alleged recovery. The said recovery was planted. Applicant has no criminal history. He is in custody since 07.04.2023. Complaint has already been filed along with the entire evidence, therefore, there is no chance of tampering with the evidence, and, the applicant is a permanent resident of District Haridwar, therefore, there is no chance of his absconding.

On the other hand, learned counsel for the State has opposed the bail application. However, he conceded that the applicant has no criminal history. He has submitted that since the recovered turtles were alive, there was no need for Forensic Science Laboratory report.

Having considered the submission of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant – Arun Kumar be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.