Bail is a rule and jail is an exception; factors for bail consideration include nature of accusation, severity of punishment, and public interest.

ORAL ORDER

[1.0] RULE. Learned APP waives service of rule for the respondent- State.

[2.0] The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita , 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.1 of 2024 registered with Keshod Range, District Junagadh for the offences under Sections 2(16) , 2(17) , 2(20) , 2(33) , 2(36) , 2(37), 9, 39, 50, 51, 52 and 57 of the Wild Life (Protection) Amendment Act , 2022.

[3.0] Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. The allegation against the applicant is that when the forest guard was on patrolling, at that time accused persons were found in suspicious condition alongwith three Bengal Monitor Lizards in dead condition and the accused in aid of one Dobberman Dog have hunted the said wild life species and in this regard the offence is registered. However, now nothing is required to be recovered or discovered. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

[4.0] Learned APP appearing on behalf of the respondent-State has opposed the present application and requested to dismiss the present application for regular bail on the ground that said bengal monitor lizard are protected wile life species and accused persons used to hut the said species and consume the same and if the applicant is released on bail then the possibility of indulging in similar activity cannot be ruled out.

[5.0] While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail: (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered.

[6.0] I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered:

(1) Substantial part of investigation is over;

(2) None of the offence alleged is punishable with life sentence or death penalty and is punishable with sentence upto 7 years;

(3) Applicant is behind the bars since 23.10.2024;

(4) There is nothing to be recovered or discovered from the applicant;

(5) The applicant is not having any past antecedent; (6) Obviously conclusion of trial will take some time;

(7) Similarly situated co-accused have been considered by this Court and therefore, in view of decision of this Court in the case of Ramesh Batubhai Dabhi vs. State of Gujarat reported in 2011 (3) GLR 1150 , present applicant is entitled to benefit of parity.

[7.0] This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation reported in [2012]1 SCC 40 as well as in the case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh reported in (1978)1 SCC 240 . Obviously, the conclusion of trial will take time and keeping the accused behind the bars is nothing but amounts to pre-trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that “bail is a rule and jail is exception” as well as the concept of personal liberty guarantee