Lokesh Bajaj vs State Of Uttarakhand

Vivek Bharti Sharma, J

Applicant Lokesh Bajaj, who is in judicial custody in Case Crime No.0011 of 2023, under Sections 9, 39, 48, 50, 51 of Wild Life Protection Act, 1972, Police Station Kaliyar Sharif, District Haridwar, has sought his release on bail.

Heard learned counsel for the parties and perused the material available on file.

Learned counsel for the applicant would submit that the applicant/accused is innocent and has been falsely implicated in the instant case; that, the applicant/accused was there at Piran Kaliyar at the instance of co-accused persons to place Chadar on the Shrine as he was having some financial and family problems and during this period the co-accused persons might have indulged in illegal activities; that, the applicant was innocent person, therefore, he had no reason to suspect the real intent of the co-accused persons and therefore he did not try to run away as the co-accused persons did. However, counsel for the applicant/accused is not able to state as to whether charge sheet has been submitted or not.

Mr. Dinesh Chauhan, Brief Holder for the State is also not able to tell the status of the case. He is also not able to apprise the Court as to what efforts police made to arrest the co-accused persons till date. He has nothing to say except that the applicant/accused was arrested from the spot. It seems that the State is not in a position to say anything about the evidence collected against the applicant/accused, if any.

In the circumspection of facts as stated above, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that this is a fit case for bail.

The bail application is, accordingly, allowed. Let the applicant be released on furnishing bail bond with two sureties in the amount of ₹50,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court.