Kamalpal vs State Of Uttarakhand

Alok Kumar Verma, J

Heard Mr. Gaurav Singh, learned Advocate for the applicant and Mr. Saurabh Pandey, learned Brief Holder for the State of Uttarakhand.

This First Bail Application has been filed for grant of regular bail in connection with Range Case No. 31 of 2019-2020, registered at Range

Chidiyapur, Forest Department, District Haridwar for the offences under Sections 39 & 51 of the Wildlife Protection Act, 1972 and Section 26 (Ch) of

the Indian Forest Act.

According to the complaint, on 16.08.2019 at about 02:40 a.m., while the complainant along with other employees were on patrolling duty and they

reached Kotwali Room No.4, they heard some persons who were covering up a vehicle and on seeing the complainant and other employees, they fled

away, however, vehicle was seized and wooden logs and horns of deer were recovered from the vehicle.

The learned counsel for the applicant submits that the applicant is not named in the complaint; the co-accused Satyapal alias Satpal was arrested

and on the basis of his statement, the present applicant and co-accused Ravindra alias Ravi were implicated; he had not committed the alleged

offence; he was not present on the spot; nothing had been recovered from the possession of the applicant; he is in custody since 22.12.2019; he has no

criminal history; co-accused Satyapal alias Satpal and Ravindra alias Ravi, had been granted bail by this High Court.

The Learned Brief Holder appearing for the State of Uttarakhand opposed the bail application, however, the learned Brief Holder fairly concedes

that the case of the applicant is based on parity.

Having considered the submissions of the learned counsel for both the parties and in the facts and circumstances of the case, 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 court concerned.