Sanjay Singh vs State Of Madhya Pradesh

Sanjeev S Kalgaonkar, J

This first bail application has been filed by applicant under section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Forest Crime No.9869/2021 registered by Forest Deptt. Game Range, Devari, District Morena, (M.P.) for an offence punishable under section 27, 29, 50, 51, 52 of Wild Life Protection Act, 1972 and Section 41 and 52 of Indian Forest Act.

As per the prosecution case, SHO PS Devgarh Distt. Morena intercepted one tractor trolley near Out post Shala on 10.11.2020, The trolly was loaded with sand of river Chambal. The driver of trator fled away thereafter, the tractor trolley was brought to PS Devgarh and Game Ranger National Chambal Sanctuary Devari was requested for further proceedings. Game Ranger submitted written complaint for offence punishable under Section 27,29, 50, 51 and 52 of the Wild Life Protection Act, 1972 and Section 41 and 42 of the Indian Forest Act 1947 inter alia alleging that illegal extraction of sand would cause damage to the ecology and natural habitat of wild life in and around river Chambal. The owner of tractor trolley applicant Sanjay Singh Gurjar was arrested on 21.8.2023. He is in custody ever since.

Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant is falsely implicated in the matter merely on suspicion. There is no criminal antecedents reported against the applicant. Investigation is completed and the charge sheet has been filed. There is no likelihood of interference or tampering with the evidence. The applicant is permanent resident of village Janakpur Distt. Morena. There is no likelihood of absconding leaving behind his family and property. No custodial interrogation is required against the applicant. Jail incarceration is causing financial hardship to the applicant. The trial would take time to complete. Therefore, applicant may be extended the benefit of bail.

Per contra, learned Counsel for the State opposes the bail application and prays for its rejection.

Heard learned learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case, but without commencing on merits of the case, this Court inclined to grant bail to the applicant. Thus, the application is allowed.

Accordingly, it is directed that the applicant Sanjay Singh Gurjar shall be released on bail in connection with Crime No.9869/2021 registered by Forest Deptt. Game Range, Devari, District Morena, (M.P.) for an offence punishable under section 27, 29, 50, 51, 52 of Wild Life Protection Act, 1972 and Section 41 and 52 of Indian Forest Act, upon furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty thousand Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, :

The applicant shall remain present on every date of hearing as may be directed by the concerned Court;

The applicant shall not commit or get involved in any offence of similar nature;

The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the investigating officer;

The applicant shall not directly or indirectly attempt to temper with the evidence or allure, pressurize or threaten the witness;

The applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C regarding examination of witness in attendance;

This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court.

CC as per rules.