JUDGMENT

Anil Verma, J. - Applicants have filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973 in connection with POR No. 483/01 registered at P.S - Forest Range, Khategaon, District- Dewas (M.P.) for commission of offence punishable under Sections 2(16), 9, 39, 48, 50, 51, 52, 56 of Wild Life Protection Act 1972, Sec.41, 26(i) 7 of Indian Forest Act, 1972 & Sec.3(1) of Public Property Damage Prevention Act 1984

2. As per prosecution story, on 07-12-2021 on the information received from the informer, at village Nayapura Bajgaon Road, near Khategaon Forest Range, the unknown person was caught with motorcycle bearing No.MP-47-ML-1022 being brought two headed snake Chaklaud (Sandbua). The unknown person fled away from the spot throwing away the motorcycle and said snake. Resultently, a report was lodged at Forest Range, Khategaon, District-Dewas Accordingly, the aforementioned offence was registered and they were arrested.

3. Learned counsel for the applicants contended that applicants are innocent and have been falsely implicated in this offence. There is no legal evidence available on record to connect the applicants with the aforementioned offence. Nothing has been recovered from their possession. Investigation is over and complaint has been filed before the trial Court, therefore, no further custodial interrogation of the applicants is required.. Applicants are in custody since 15/09/2022. Applicant no. 1 is permanent resident of District- Dewas, while applicant no. 2 of District - Harda. Final conclusion of trial shall take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

4. Per-contra, learned PL for respondent - State opposes the bail application and prays for its rejection by stating that applicant no. 2 is the registered owner of the seized vehicle, but he fairly admits that no criminal antecedents have been found against both the applicants.

5. Perused the impugned order of the trial Court, the statements of the witnesses as well as the case dairy.

6. Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that the alleged offence is exclusively triable by JMFC; nothing has been revoered from the possession of both the applicants; they are in custody since 15/09/2022; investigation is over therefore, no further custodial interrogation of the applicants is required and possibility of delay in conclusion of the trial cannot be ruled out, in view of the evidence available on record, I deem it proper to release the accused / applicants on bail.

7. Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicants be released on bail on their furnishing personal bond in the sum of Rs. 75,000/- (Rs. Seventy Five Thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before the trial Court, as and when required.

8. They shall abide by all the conditions enumerated u/S. 437(3) Cr.P.C.,

9. It is made clear that if the applicants are again found to be involved in any other offence during the trial, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicants in the present case also. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy, as per Rules.