Ramchandra @ Chandu vs State of Madhya Pradesh

Amar Nath (Kesharwani), J

Heard and perused the record.

This is the first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure for grant of bail. The applicant is arrested in relation to Crime No.593/2024, dated (not mentioned), registered at Police Station-Forest Range Manpur, District-Indore for the offence under Sections 2, 6, 16(ii), 9,51 of the Wild Life (Protection) Act, 1972. The applicant is in jail since 19.04.2024.

As per prosecution story, the allegation against the applicant is that the dead body of the panther was found stuck in the wire fencing near the farmland owned by the present applicant who gave the field on lease to co-accused Rahul Patidar.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. The applicant has no relation with the farmland. Learned counsel for the applicant further submits that the co-accused persons have already been granted bail by this Court in MCRC Signature Not Verified No. 24584 of 2024 dated 10.06.2024 and, therefore, on the ground of parity the applicant be also released on bail. The case is triable by Judicial Magistrate First Class. He further submits that if the applicant had intention to kill the panther, he would have taken the body of the panther but they did not take the dead body of the panther. He is in jail since 19.04.2024. Conclusion of trial will take sufficient long time. Under these circumstances, counsel prays for grant of bail to the applicant.

On the other hand, learned counsel for the State opposed the prayer and prayed for its rejection. However, he has not controverted the factum of parity as claimed by the applicant.

After hearing learned counsel for the parties and looking to the facts and circumstances of the case as well as custody period of the applicant, I am of the view that it is a case in which applicant may be released on bail. Consequently without commenting on the merits of the case, first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

It is directed that the applicant/accused be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.