IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL th ON THE 4 OF JULY, 2023 MISC. CRIMINAL CASE No. 22877 of 2023 BETWEEN:-

1. RAJENDRA KOL S/O RAMA KOL, AGED ABOUT 29 YEARS, OCCUPATION: FARMER R/O VILLAGE SELHA POST NAUGAWAN P.S. SABHAPUR MAJHGAWAN DISTRICT SATNA (MADHYA PRADESH)

2. SUSHIL KUMAR KOL S/O RAVI KOL, AGED ABOUT

29 YEARS, OCCUPATION: FARMER R/O VILLAGE SELHA POST NAUGAWAN P.S. SABHAPUR MAJHGAWAN DISTRICT SATNA (MADHYA PRADESH)

3. NARENDRA KOL S/O BHAI LA KOL, AGED ABOUT

30 YEARS, OCCUPATION: FARMER R/O VILLAGE SELHA POST NAUGAWAN P.S. SABHAPUR MAJHGAWAN DISTRICT SATNA (MADHYA PRADESH)

.....APPLICANTS (BY SHRI RAMBIHARI GAUTAM-ADVOCATE )

AND THE STATE OF MADHYA PRADESH THROUGH FOREST RANGE MAJHGAWAN DISTRICT SATNA (MADHYA PRADESH)

.....RESPONDENT (BY SHRI S. K. RAI-GOVERNMENT ADVOCATE)

This application coming on for admission this day, the court passed the following:

ORDER

This is first bail application filed by the applicants under Section 439 of Signature Not Verified the Code of Criminal Procedure for grant of regular bail relating to F.I.R (POR) No.493/25 dated 26.04.2023 of P.S. Forest Range Majhgawan District Satna (M.P.) for commission of offence under Sections 2(16), 9, 50 of Wild Life Protection Act, 1972. They are in detention since 26.04.2023.

2. As per the prosecution story, on 26.04.2023, on receiving information from an informer, Officers of the Forest department seized one dead peacock from the possession of Sushil Kumar Kol, another person who was with him had introduced himself as Rajendra Rawat. In postmortem, peacock was found dead due to asphyxia. After investigation, charge sheet has been filed.

3. Learned counsel for the applicants has submitted that applicants have not committed any offence. They are innocent. They have been falsely implicated. No dead peacock was seized from their possession. They have no criminal background. Therefore, it is prayed that applicants be released on bail pending the trial.

4. On the other hand, learned counsel for the State has opposed grant of bail to the applicants.

5. In this case, after investigation, charge sheet has been filed. Offences are triable by Judicial Magistrate First Class. Trial of the case will take considerable time. Therefore, having taken into consideration all the facts and circumstances of the case but without expressing any opinion on the merit of the case, I am of the view that it is a case in which further pretrial detention of the applicants/accused is not warranted. Consequently, first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicants stands allowed.

6. It is directed that applicants-Rajendra Kol, Sushil Kumar Kol and Signature Not Verified Narendra Kol be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount each to the satisfaction of the trial Court, for their regular appearance before the trial Court during trial with a condition that they shall remain present before the concerned Court on all the dates fixed by it during trial. They shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

7. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.

(DINESH KUMAR PALIWAL)

JUDGE b Signature Not Verified