Advocates:
['SUNIL SAHU', '', 'SUMIT SHRIVASTAVA', 'A G']

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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 2182 of 2021

1.

Radhe S/o. Shri Jhangalu Gond, Aged About 46 Years, R/o

Village Ganjardih, Thana Gidhouri, District Balodabazar-

Bhatapara (C.G.).

---- Applicant

Versus

1.

The State Of Chhattisgarh, Through The Forest Officer, Forest

Region Arjuni, District Balodabazar-Bhatapara (C.G.).

---- Non-Applicant

For Applicant

: Mr. Sunil Sahu, Advocate.

For Non-Applicant/State : Mr. Priyanshu Gupta, Panel Lawyer.

Hon'ble Justice Shri Gautam Chourdiya

Order on Board

05/07/2021

1)

The matter is heard through Video Conferencing.

2)

The applicant has preferred this Second

Bail Application under

Section 439 of Code of Criminal Procedure, 1973. The First Bail

Application i.e. MCRC 151/2021 was dismissed as withdrawn on

12/02/2021.

3)

The applicant is arrested on 22/12/2020 in connection with

P.Q.R. Case No. 15584/03 registered at Police Station Forest

Officer, Forest Region Arjuni, District Balodabazar-Bhatapara

(C.G.) for the offence punishable under Section 9, 44, 50 & 51 of

Wild Life Protection Act, 1972.

4)

Case of the prosecution, in brief, is that on 15/12/2020 at about

7.00 am, the officers of the Forest Department, Arjuni received

information regarding carrying meat of wild pig near village

Ganjardih by some persons and on search the applicant and

other co-accused Jageshwar and Kamal Singh were found in

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possession of wild pig meat carrying in plastic bags and they

prey the wild pig by electrocution and chopping with axe. Based

on this, offence was registered and the applicants were taken

into custody.

5)

Learned counsel for the applicant submits that the applicant has

been falsely implicated in the crime in question. He further

submits that the body parts of the wild pig have been sized from

the open place and nothing has been seized from the

possession of the applicant. He further submits that the applicant

46 years old has been arrested on 22/12/2020, charge sheet has

been filed and trial is likely to take some time for its disposal.

Therefore, the applicant be released on bail.

6)

On the other hand, learned counsel for the respondent/State

opposes the bail application. He submits that applicant has one

criminal antecedent of the year 2018.

7)

Heard Counsel for the parties.

8)

Considering the facts and circumstances of the case, the

detention period of the applicant who is 46 years old, charge

sheet has already been filed, the fact that there is no

apprehension of the applicant tampering with the evidence or

absconding as admitted by both the counsel, applicant has one

criminal antecedent of the year 2018 and that conclusion of trial

may take some time due to COVID-19 Pandemic, the application

is allowed. It is directed that in the event of the applicant

executing a personal bond for a sum of Rs. 2,00,000/- with two

sureties of Rs. 1,00,000/- to the satisfaction of the concerned

Trial Court, he shall be released on bail on the following

conditions:-

i.

he shall not directly or indirectly make any inducement,

threat or promise to any person acquainted with the facts

of the case so as to dissuade him from disclosing such fact

to the Court,

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ii.

he shall not act in any manner which will be prejudicial to

fair and expeditious trial, and

iii.

he shall appear before the trial Court on each and every

date given to him by the said Court till disposal of the trial.

iv.

he shall strictly follow the COVID-19 protocol issued by the

Central Govt./State Govt./Local Authority.

v.

he shall not involve himself in any offence of similar nature

in future.

Let a copy of this order be forwarded to the concerned

Police Station forthwith who shall inform the trial Court in the

event of applicant involving himself in similar offence in future.

-Sd/-

(Gautam Chourdiya)

Judge

Chandrakant