High CourtsSingle Bench

Nand Kishor vs State Of Uttarakhand

Uttarakhand High Court · Decided on 7 June 2023 · Citation: (2023) 06 UK CK 0015

HON’BLE JUDGES
Vivek Bharti Sharma, J
ACTS & SECTIONS REFERRED
Wild Life (Protection) Act, 1972 — Section 2, 5, 9, 39, 49B · Indian Penal Code, 1860 — Section 429
RESULT
Allowed
CASE NUMBER
First Bail Application No. 1118 Of 2023
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Judgment

7 paragraphs · 230 words

Vivek Bharti Sharma, J

1.

Applicant Nand Kishor, who is in judicial custody in FIR No.0005 of 2023, under Sections 2, 9, 39, 49B and 5 of Wildlife Protection Act and Section 429 of IPC, Police Station Someshwar, District Almora, has sought his release on bail.

2.

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

3.

Learned counsel for the applicant would submit that the applicant/accused is in jail since 02.03.2023; that, charge sheet has been filed; that he has got no criminal history; and that, no purpose would be served by keeping the applicant behind bars for indefinite time as the trial is likely to take considerable time for completion.

4.

Ms. Manisha Rana Singh, AGA for the State opposed the bail application and would submit that the skin recovered from the possession of applicant/accused was sent for examination to FSL and it was found that the skin is of leopard.

5.

In view of the above, but, 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.

6.

The bail application is, accordingly, allowed. Let the applicant be released on furnishing bail bond with two sureties in the amount of ₹40,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court.