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Laxman Singh Bisht vs State of Uttarakhand

Uttarakhand High Court · Decided on 24 August 2011 · Citation: (2011) 08 UK CK 0120

HON’BLE JUDGES
Prafulla C. Pant, J
ACTS & SECTIONS REFERRED
Forest Act, 1927 — Section 26 · Wild Life (Protection) Act, 1972 — Section 17, 2, 39, 48, 50
RESULT
Allowed
CASE NUMBER
1st Bail Application No. 673 of 2011

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Judgment

6 paragraphs · 200 words

Prafulla C. Pant, J.—Heard.

2.

Applicant Laxman Singh Bisht, who is in jail in connection with Case Crime/Range Case No. 04/2011-12, relating to offences punishable u/s 2/51, 17/51, 39/51, 48/51, 50/51, 51, 52 of Wild Life Protection Act, 1972 and Section 26 of Indian Forest Act, 1927, Range Munsyari, District Pithoragarh has sought his release on bail.

3.

Learned Counsel for the applicant submitted that 1.750 Kg. (1Kg 750 gms.) Yarsha Gammbu (CORDYCEPS SINENSIS) is said to have been recovered from the applicant and three others. There is no public witness of the recovery. Applicant is said to have no criminal history. It is pleaded on behalf of the applicant that he had valid license to collect Yarsha Gammbu (Forest Produce) from June, 2006 to September, 2011, issued by Van Panchayat, Malla Khumti.

4.

In the above circumstances, without expressing any opinion, as to the final merits of the case, this Court is of the view that applicant deserves bail.

5.

The bail application is allowed.

6.

Let the applicant Laxman Singh Bisht, be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Pithoragarh.