Deepak Chimwal vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Deepak Chimwal is in judicial custody in FIR No.18 of 2023 (Range Case No.7/Daichori/2022-23), under Sections 26 and 52 of the Indian Forest Act, 1927 and Sections 39 and 51 of the Wild Life (Protection) Act, 1972, Police Station- Kaladungi, District- Nainital. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 27.01.2023, 9 kgs elephant tusk were recovered from the custody of the applicant and co-accused, which they had kept in a private vehicle.

Learned counsel for the applicant would submit that there is no independent witness; applicant is innocent; he is not a previous convict; applicant wife is expecting a child in the month of April.

Learned State Counsel would submit that it is the case of recovery of elephant tusk from the applicant and the co-accused. But he would agree that the bail rejection order does not reveal any previous conviction of the applicant.

Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

The bail application is allowed.

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

Let a certified copy of this order be supplied to learned counsel for the parties, today itself, on payment of usual charges.