2023 Supreme(Online)(UT) 622
HIGH COURT OF UTTARAKHAND
Hon'ble Mr. Justice Ravindra Maithani
BHARAT SINGH – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
BA1/125/2023
HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No.125 of 2023
Bharat Singh
….....Applicant
Versus
State of Uttarakhand
….….Opposite Party
Present:-
Mr. Rohit Kumar, Advocate holding brief of Mr. B.M.
Pingal, Advocate for the applicant.
Mr. Lalit Miglani, AGA along with Ms. Mamta Joshi, Brief
Holder for the State.
Hon’ble Ravindra Maithani, J. (Oral)
Applicant Bharat Singh is in judicial custody in
FIR/ Case Crime No.34 of 2022, under Section 51 of The
Wild Life (Protection) Act, 1972, (for short, “the Act”), Police
Station Gopeshwar, District – Chamoli. He has sought his
release on bail.
2.
Heard learned counsel for the parties and
perused the record.
3.
According to the case, on 25.11.2022, skin of the
leopard was allegedly recovered from the accused. It is the
case of recovery.
4.
Learned counsel for the applicant would submit
that the recovery is doubtful; applicant is not a previous
2
convict; there is no chance of tampering with the evidence;
and the applicant has three minor children to look after.
5.
Learned State counsel would submit that the
skin of leopard was recovered from the applicant.
6.
Having considered, this Court is of the view that
it is a case fit for bail and the applicant deserves to be
enlarged on bail.
7.
The bail application is allowed.
8.
Let the applicant Bharat Singh be enlarged on
bail on his furnishing personal bond and executing two
reliable sureties each of the like amount to the satisfaction
of the court concerned.
(Ravindra Maithani, J.)
Vacation Judge
24.01.2023
NR/SS