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Judgment
18 paragraphs · 354 wordsThis is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been
arrested in connection with P.O.R. (Crime) No.13053/19, registered at Police Stationâ€" Forest Department, Circle Sahaspur Lohara, District
Kabeerdham (C.G.) for the offence punishable under Sections 2(11), 16(C), 9, 32, 39(3), 49, 50, 51 of Wild Life (Protection) Act, 1972 and 33(1)B of
the Indian Forest Act, 1927.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. Applicant is in jail since 4.12.2017.
He is a local resident and he is ready to abide by all the conditions and directions, which may be imposed while granting bail to him. Hence, it is prayed
that applicant be enlarged on regular bail.
Learned State counsel opposes the bail application and submissions made in this respect.
Heard both the parties and perused the case diary.
Forest Officials of forest department of District-Kabeerdham raided the premises of this applicant on the date of incident and in the search made,
one numbers of nail of wild boar, 4 numbers of nails of wild bear and teakwood of 0.029 sqft., all the articles related to wild animals were found in his
possession and the seizure was made of all these articles along with other articles used for hunting the wild animals. Forest offence was registered
against these applicants. Hence, this case.
Considering the material present in the case diary. Applicant is local resident of District-Kabeerdham and the trial against the applicant is likely to
take some time before its conclusion. Hence, for these reasons, I am of this view that this is a fit case where applicant should be enlarged on bail.
Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his
furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance
as and when directed.