Girish Behera vs State Of Odisha

Savitri Ratho, J

Heard Mr. D.K. Sahoo, learned counsel for the petitioner appearing from the virtual High Court, Angul and Mr. S.S. Pradhan, learned Addl. Govt. Advocate for the State.

This application under Section 439 Cr.P.C. has been filed by the petitioner in connection with Chhendipada Range, Angul O.R. Case No. 09 of 2023-24 corresponding to 2(b) C.C. Case No. 02 of 2024, pending in the Court of learned J.M.F.C., Chhendipada registered for commission of offences punishable under Sections 9, 39, 49, 50, 51, 52, 57 of the Wild Life Protection Act against the petitioner.

The prayer for bail of the petitioner has been rejected vide order dated 16.01.2024 by the learned Sessions Judge, Angul in B.A. No. 13 of 2024.

The prosecution allegation in brief is that on 06.01.2024 at about 3.30 p.m. on getting information from reliable source regarding hunting of wild boar (schedule-II) and selling of raw meat in Kushila village, a team of forest officers proceeded to the village and searched the house of the present petitioner and found one aluminum bucket, one plastic bucket, 5 kgs. of wild boar meat, 8 legs and skin. The offending materials were seized. The petitioner admitted to have killed two wild boars from Chhendipada Reserve Forest by using country made bomb and sold the raw meat in the local market. So he was arrested on 06.01.2024 and forwarded to Court.

Mr. D.K. Sahoo, learned counsel for the petitioner appearing from the virtual High Court, Angul submits that the petitioner is in custody since 06.01.2024 and the major part of the investigation is over. He submits that no independent witnesses have been examined in the connection when seizure allegedly was made from his residential house. He further submits that the petitioner is a cultivator and he has no criminal antecedent.

Mr. S.S. Pradhan, learned Addl. Govt. Advocate for the State opposes the prayer for bail stating that wild boar is included in schedule-II of the Wild Life Protection Act and as the skin and meat

of the wild boar has been recovered from the house of the petitioner prima facie case under Sections 9, 39, 49, 50, 51, 52, 57 of the Wild Life Protection Act is made out against him. He further submits that the criminal antecedents of the petitioner have to be verified.

Considering the submission of the learned counsel that the petitioner has no criminal antecedents and is in custody since

01.2024 and as the investigation has progressed considerably, I am inclined to allow the prayer for bail but subject to stringent conditions.

The petitioner- Girish Behera shall be released on bail on such terms and conditions as may be fixed by the learned Court in seisin over the matter, after the learned Court verifies that the petitioner has no criminal antecedents under the Wildlife (Protection) Act, including the following conditions:

(i) He will not indulge in any criminal activity while on bail.

(ii) He will report before the I.O. as and when required for the purpose of investigation.

(iii) He will not enter Chhendipada Reserve Forest under any circumstances.

The BLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

Copy of this order be handed over to Mr. S.S. Pradhan, learned Addl. Govt. Advocate for the State for onward transmission to the I.O..

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