Desh Deepak Malda vs State Of Uttarakhand

Alok Kumar Verma, J

Heard Mr. Ganesh Kandpal, learned Advocate for the applicant and Mr. J.S. Virk, learned A.G.A. for the State of Uttarakhand.

Urgency Application is not opposed by learned Counsel for the State, therefore, the Urgency Application No. 1219 of 2020 is allowed.

This First Bail Application has been filed for grant of regular bail in connection with F.I.R. No. 23 of 2019, registered with Police Station

Someshwar, District Almora, for the offence punishable under Section 51 of the Wild Life (Protection) Act, 1972.

Heard learned counsel for the parties. Perused and gone through the records.

As par the prosecution case, on 26.09.2019 on an information four persons were arrested with a skin of one Guldar.

Learned counsel for the applicant submits that the applicant has been falsely implicated; there is no independent witness in spite of prior

information; the applicant has no criminal history; he is in the custody since 26.09.2019. Out of four accused persons, two accused persons namely

Chandan Singh and Basant Lal have already been granted bail.

Learned counsel for the State opposed the bail application. However, the learned counsel appearing for the State admits that the role of all the

accused persons is same and out of four accused persons, two accused persons have been granted bail by this Court.

Considering the facts and circumstances of the case and without expressing any opinion as to the merits 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 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 concerned Magistrate.