HIGH COURT OF MADHYA PRADESH
Devsharan Kewat – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MCRC 6093/2024
ORDER
This is the first bail application filed by applicants under Section 439 of Code of Criminal Procedure for grant of regular bail relating to Crime No.
19564/18, registered at Police Station-Forest Range Gohparu, District Shahdol (M.P.) for the offence punishable under Sections 9, 39, 35, 49(B), 51 and 52 of Wild Life Protection Act.
2 . Learned counsel appearing for applicants submitted that alleged offences are punishable upto 7 years of imprisonment and triable by Judicial Magistrate First Class. Investigation is completed and charge-sheet has been filed. Applicants are in jail since 21.10.2023. In these circumstances, applicants may also be released on bail.
3. Learned Government Advocate appearing for the State opposed the bail application. It is submitted that remains of snake, wild boar and lizard are found in possession of applicants, therefore, they may not be released on bail.
4. Heard learned counsel for the parties. 5. Investigation is completed and charge-sheet has been filed. Offence is triable by Judicial Magistrate First Class. Applicants are not having any other criminal antecedents under Wild Life Protection Act.
6. Considering the facts and circumstances of the case, without commenting on the merits of the case, bail application filed by the applicants is allowed. It is directed that the applicants shall be released on bail on furnishing personal bond of Rs.50,000/ (Rs. Fifty Thousand Only) each with one solvent surety in the like amount to the satisfaction of the trial Court concerned for their regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.
7. The applicants shall also abide by the following conditions of Section 437(3) of Cr. P. C. as under:- (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;
(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;
(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
8. Certified copy as per rules. (VISHAL DHAGAT) JUDGE vkt JUDGE vkt
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