Banshilal And Others vs State Of Madhya Pradesh

Anjuli Palo, J

This is first application under section 439 of Cr.P.C. for grant of bail filed on behalf of the applicants, who have been arrested in connection with Crime No.41190/2015 registered at Police Station Forest Range Silwani, District Raisen for offences under Sections 9, 39(1)(b) & 51(1) of the Wildlife Protection Act.

As per prosecution story, on 16.09.2020 applicants had set a trap consisting of electrified GI wires in the forest in order to hunt down animals and a wild boar got stuck in the trap and died. Thereafter, during forest surveillance the officials caught the applicants and FIR has been lodged against them for the aforesaid offences. About 6 kg meat of wild bore has been recovered from their possession.

Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. They have no criminal past and are in jail since 17.09.2020. Trial w ould take considerable time to conclude due to spread of Covid-19 pandemic. In view of the aforesaid, prayer is made to enlarge the applicants on bail.

Learned Panel Lawyer for the respondent/State has vehemently opposed the contentions raised by learned counsel for the applicants.

Heard learned counsel for the parties.

Looking to the nature of offence and facts and circumstances of the case, I am of the opinion that i t would be appropriate to release the applicants on bail, therefore, without commenting on the merits of the case, this application is allowed.

I t is directed that applicants namely Banshilal and Jasman be released on bail on furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) each with one solvent surety each, in the like amount to the satisfaction of the concerned trial Court for their appearance on the dates so fixed by that Court during trial.

If the applicants are found involved in similar offence in future, this order of bail shall stand ineffective. The applicants shall comply with the provisions of Section 437 (3) of the Cr.P.C.

Accordingly, the application is allowed and disposed of.