Bail is the rule and jail is the exception; personal liberty must be prioritized unless there is substantial evidence of wrongdoing.

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 complaint being C.R. No. 4 of 2024-25 registered with Mahuva Range, Dist. Bhavnagar, for the offence under Sections 2(1), 2(16), 2(35), 2(36), 2(37), 9, 39, 39(d), 50, 51, 52 and 55 of the Wildlife Protection Act .

[3.0] Brief facts of the case are that, as per the information received that, a dead body of loan was found in Dholiya Neswala on the kacha road of Khuntwada to Bila under the jurisdiction of Mota Khuntwada-2 round of Mahuva Wild Life Range on 30.08.2024. Thus, while making scanning the dead body of the lion was found at 20:01 and thereafter, post mortem of the dead body of lion was performed and then circumstantial evidence was found in the Survey No.336 and while making scanning, it was found that the death of lion was caused due to live electric wire, which was illegally erected surrounding survey No.336 and while after making investigation in detailed, the accused are interrogated and complaint has been filed and accused are arrested.

[4.0] Learned advocate appearing on behalf of the applicants submits that the applicants are innocent and have been falsely implicated in the offense. He submitted that a substantial part of the investigation has been completed. The applicants were arrested on 02.09.2024 and subsequently produced before the JMFC, Mahuva, since then they have remained in judicial custody. He has further submitted that, the offense is not punishable by life imprisonment or death penalty. The applicants are farmers with no prior criminal records and had no intention to harm any animal. Therefore, he requests that, considering the nature of the offense, the applicants be granted regular bail with suitable conditions imposed.

[5.0] Learned APP, appearing on behalf of the respondent-State, has opposed the present application, arguing that the applicants have erected fencing to protect their crops from wild animals and have set up live electric shocks. It is contended that, due to this electric shock, a lion was electrocuted and died. Furthermore, it is submitted that, after the incident, the applicants attempted to tamper with evidence by disposing of the lion's body in a drain. The accused have also made confessions, which are deemed admissible as evidence, indicating their involvement in the offense.

Although this Court has previously raised concerns in Writ Petitions (PIL) Nos. 56/2018 and 206 of 2016 (Suo Motu vs. Union of India) regarding the use of electric fencing by farmers to protect their crops from animals, and has prohibited such unauthorized practices with immediate effect, supported by a Notification and published notices in daily newspapers, however, the applicants have continued to engage in this practice, ultimately resulting in the death of a lion.

Ld. APP has also relied on the order dated 28.09.2018 passed by coordinate Bench of this Court in Criminal Misc. Application No.16636/2018. Considering the conduct of the applicant, application does not deserve any consideration.

[6.0] 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