High CourtsSingle Bench

Shiv Kumar @Kallu vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 22 October 2020 · Citation: (2020) 10 MP CK 0233

HON’BLE JUDGES
J. P. Gupta, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Wildlife Protection Act, 1972 — Section 9, 39, 51, 52
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 39059 Of 2020
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Judgment

7 paragraphs · 250 words

J. P. Gupta, J

This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail, who is in custody since 11.9.2020 in connection with Crime No.47644/7 registered at Police Station Forest Circle, Lakhnadon, District Seoni for the offence punishable under Sections 9, 39, 51 and 52 of the Wild Life Protection Act.

Allegation against the applicant is that he hunted Nilgai (Boselaphus tragocamelus).

It is submitted that the applicant is innocent. He is in custody since 11.9.2020. Trial will take time due to Covid-19. There is no criminal antecedents of the applicant, therefore, applicant's further custody is not warranted. Hence, he be released on bail.

Learned P.L. opposed the application and prayed for rejection of the same Having considered the contentions of learned counsel for the parties and perusing the record, without commenting anything on the merits of the case, in view of this court, it is a fit case to grant bail to the applicant. Hence, this application is allowed.

It is directed that applicant Shivkumar @ Kallu is directed to be released on bail on his furnishing a personal bond in a sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) with a solvent surety in the like amount to the satisfaction of the trial court for his appearance before the trial Court on the dates so fixed by that Court during trial. It is directed that applicant shall comply the provisions of Section 437(3) Cr.P.C.

Certified copy as per rules.