Rameshwar Singh Parmar vs State Of M.P

Rajeev Kumar Shrivastava, J

The applicant has filed this second application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 24/02/2021 by Police Station Van

Vibhag Range Satanbada, Distt. Shivpuri (M.P.) in connection with Crime No.977/2021 registered for offence under Sections 2, 9, 41, 51 of Wild Life

(Protection) Act.

It is submitted by learned counsel for the applicantâ€" Rameshwar Singh Parmar that the applicant has not committed any offence. He has falsely

been implicated in this case. Applicant is aged around 62 years and he is the owner of the field. He is in custody since 24/02/2021, i.e. for more than

two months. It is further submitted that earlier application was dismissed as withdrawn with liberty to file fresh application after filing of charge-sheet.

Now investigation is complete and charge-sheet has been filed. Trial will take its own time. Applicant is ready to abide by any condition which may be

imposed by this Court. Hence, learned counsel prays for grant of bail to the present applicant. He further undertakes to abide by all the terms and

conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures

in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.

Learned State counsel has vehemently opposed the application and has submitted that one Mata Tendua has been recovered from the field of the

present applicant and some instrument has also been recovered, which was used to trap the animal. Hence, prayed to reject this repeat application

filed for grant of bail to the applicant.

Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the case diary.

Looking to the age of the applicant, which is around 62 years as well as considering the facts that now charge-sheet has been filed and trial will take

its own time, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on

bail on his furnishing personal bond of Rs.75,000/- (Rupees Seventy Five Thousand only) with one solvent surety in the like amount to the satisfaction

of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.

In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his Corona Virus test shall be conducted and if it is

found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his house, and if his test is

found positive then the applicant shall be immediately sent to concerning hospital for his treatment as per medical norms. If the applicant is fit for

release and if he is in a position to make his personal arrangements, then he shall be released. After release, the applicant is further directed to strictly

follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid19.

If it is found that the applicant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local

Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him in custody

and would send him to the same jail from where he was released.

This order will remain operative subject to compliance of the following conditions by the applicant :-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit any offence similar to the offence of which he is accused;

The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

The applicant will inform the SHO of concerned police station about his residential address in the said area and it would be the duty of the Public

Prosecutor to send E-copy of this order to SHO of concerned police station for information.

The applicant shall mark his presence before the SHO of the concerned Police Station once in every fortnight (every fifteen days) till conclusion of

the trial.

Application stands allowed and disposed of.

E-copy of this order be sent to the trial Court concerned for information.

Certified copy/ e-copy as per rules/directions.