Rajesh vs State Of Madhya Pradesh

Prem Narayan Singh, J

Heard and perused the case-diary.

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with FIR / Crime No.237/2012 registered at Police Station - State tiger Stricke Force (STSF), District - Indore for commission of offence punishable under Section 9, 39, 44, 48-a, 49(B), 51, 52 of Wild Life Protection Act. The applicant is in custody since 14.02.2024.

As per prosecution story, 02 redsandbao and 03 Indian flipsail trutles were recovered from possession of the applicant and co-accused persons.

Learned counsel for the applicant submits that the present applicant is an innocent person and has falsely been implicated in the present case. He is in custody since 14.02.2024, the offence is triable by JMFC, the applicant is having no criminal record. Therefore, the application filed by the applicant may be allowed and he may be enlarged on bail.

Learned Panel Lawyer for the respondent / State has opposed the application.

Considering the nature of accusation and totality of the facts and circumstances of the case, but without expressing any opinion on the merits of the case, I deem it proper to enlarge the applicant on bail. Accordingly, the application filed by the applicant is allowed.

It is directed that the applicant be enlarged on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties of the like amount to the satisfaction of the trial Court with a further direction to appear before the concerned Court on the date fixed in this regard. The applicant shall also abide by the conditions as enumerated under Section 437(3) of the Cr.P.C.

The present order shall be effective till the end of the trial, however, in case of bail jump or any breach of aforesaid conditions of this order, the same shall become ineffective.

Certified copy, as per Rules.