ORAL ORDER

1. This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with FIR being Borsad Range FIR being 05/2022 registered with Borsad Range, Dist. Anand for offences punishable under sections 2(16), (33), (36), (37), 9, 48(kh)(1), 50(1)(g), 51 and 52 of Wildlife (Protection)

Act, 1972.

2. Mr. Rajesh K.Kanani, learned advocate for the applicants submitted that, it is case of death of peacock, which is a national bird and after two days, the applicants were arrested. He submits that it is not a case of having any hunting or killing and as per the rojnama, as per Mr. Kanani, it appears that the neck of the peacock was found stretched under some fence. He states that the applicants are residing near the forest area and there is no incident nor any allegation against the present applicants of illegal hunting the national bird. It was, therefore, prayed that the present application may be allowed and the applicants herein may be released on regular bail.

3. Mr. Pranav Trivedi, learned Additional Public Prosecutor referred to the charge-sheet papers to submit that, the killing of the national bird would be under some conspiracy and the witnesses had raised suspicion against the present applicants as they were found loitering in the area. It was, therefore, prayed that no discretion may be exercised in favour of the applicants.

4. Heard learned advocates on both the sides and perused the material on record. There is no direct evidence of involvement of the applicants to the alleged death of national bird. The postmortem certificate shows that iron wire was wrapped around the neck and the death was because of asphyxia. Considering the allegation and when there is no direct evidence against the present applicants and when the case is triable by the Magistrate and as the trial will take its own time to conclude, this Court finds this to be a fit case where discretion could be exercised in favour of the applicants.

5. Hence, the present application is allowed. The applicants are ordered to be released on regular bail in connection with FIR being Borsad Range FIR being 05/2022 registered with Borsad Range, Dist. Anand on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) each with one surety of the like amount each to the satisfaction of the trial Court and subject to the conditions that they shall;

[a] not take undue advantage of liberty or misuse liberty;

[b] not act in a manner injurious to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave India without prior permission of the concerned trial court;

[e] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the concerned trial court;

6. The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, will release the applicant only if they are not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case.

7. Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.

(GITA GOPI, J.)

Pankaj