Sardar and Another vs The State of Madhya Pradesh

Mrs. S.R. Waghmare, Judge

By this application filed u/s 439 of the Cr.P.C. the applicants Sardar and Dinesh have moved the application for grant of bail being implicated in Crime No. 63/12-13 registered by police station Forest Area, Indore for offence under Sections 9, 39(1) D, 40(2), 49-B, 50, 51 & 57 of the Wildlife Protection Act. Counsel for the applicants has vehemently urged the fact that it was a case of false implication. Counsel submitted that there is no evidence on record except memo u/s 27 of co-accused Daulatsingh and Daulatsingh has already been released on bail by this Court in M.Cr.C. No. 6212/12. Even if the prosecution allegations are considered, Counsel submitted that the applicant was an innocent villager and had no knowledge regarding the provisions of Sections 9, 39(1) D, 40(2), 49-B, 50, 51 & 57 of the Wildlife Protection Act. Counsel prayed for grant of bail since the applicants have been arrested on 09.08.2012.

Counsel for the respondent State, on the other hand, has opposed the submissions of the Counsel for the applicants and has stated that the applicants were fully implicated in the matter. He, however, candidly admitted that the applicants do not have previous criminal record and the fact that co-accused Daulatsingh has been granted bail by this Court earlier. However, Counsel prayed for dismissal of the application.

On considering the above submissions, the impugned order and material available in the case diary and looking to the nature of allegations and fact that the applicants are in jail since 09.08.2012, I find that the application needs to be allowed in the interest of justice. The application is, therefore, allowed.

However, stringent measures need to be imposed, therefore it is ordered that the applicants be released on bail on their furnishing a bail bond for a sum of Rs. 25,000/-(Rupees Twenty Five Thousand only) each with one surety of like amount to the satisfaction of the Trial Court for their appearance before the concerned trial Court on all dates of hearing as may be fixed by the Trial Court in this behalf during the pendency of trial.

By way of abundant caution, it is further directed that they shall also mark their presence in the concerned police station on the first Sunday of every month between 10.00 a.m. to 12.00 noon during pendency of the trial. Any default in attendance in court and marking presence in the concerned police station, would result in cancellation of bail granted by this Court thereby entitling the police to take the applicants in custody immediately.

It is also directed that the applicants shall abide by all the conditions enumerated u/s 437(3) of the Cr.P.C. C. c. as per rules.