High CourtsSingle Bench

Prateek Choubey vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 25 March 2023 · Citation: (2023) 03 MP CK 0114

HON’BLE JUDGES
Nandita Dubey, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Wild Life Protection Act, 1972 — Section 2, 9, 39, 49(B), 50, 51 · Indian Penal Code, 1860 — Section 120B
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 9962 Of 2023
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Judgment

8 paragraphs · 260 words

Nandita Dubey, J

This is the first bail application filed by the applicant under Section 439 of the Cr.P.C.

The applicant is under custody since 13.01.2023 in connection with Crime No.42/2023 registered at Police Station Panagar, District Jabalpur (M.P.) for the offences punishable under Sections 2, 9, 39, 49(B), 50, 51 of the Wild Life Protection Act, 1972 and Section 120-B of of IPC.

The allegation against the present applicant is that he was found carrying skin of leopard for selling.

In his memorandum, the present applicant stated that he has purchased the said skin from one Vishram Singh Gaur, who in his statement has admitted that two months earlier he has fenced the agricultural land with live electric wires and a leopard got electrocuted while trying to enter his field and the skin of the leopard he has sold to the present applicant.

As per the prosecution, the applicant has no criminal antecedent. Considering the fact that there is no allegation against the present applicant of hunting the leopard and he is remained under custody for more than 17 days now, this application is allowed.

It is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court. It is further directed that the applicant shall also comply with the provisions of Section 437(3) of Cr.P.C.

Certified copy as per rules.