NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 7069 of 2015

1. Ramkumar Dhruv S/o Dhanau Ram Dhruv Aged About 45 Years

R/o Village Sakra, Police Station Panduka, District Gariyaband,

Chhattisgarh.

2. Komleshwar Kumar Dhruv S/o Balmukund Dhruv Aged About 23

Years R/o Village Sakra, Police Station Panduka, District

Gariyaband, Chhattisgarh.

3. Lalit Kumar Dhruv S/o Late Ganesh Ram Dhruv Aged About 36

Years R/o Village Sakra, Police Station Panduka, District

Gariyaband, Chhattisgarh.

4. Raju Yadav S/o Late Hiralal Yadav Aged About 32 Years R/o

Village Sakra, Police Station Panduka, District Gariyaband,

Chhattisgarh.

---- Applicants

Versus

State of Chhattisgarh Through Forest Circle Panduka, District

Gariyaband, Chhattisgarh.

---- Respondent

For Applicants

:-

Mr. Rajesh Kumar Tiwari, Advocate

For Respondent/ State

:-

Mr. S.R. J. Jaiswal, Panel Lawyer

Hon'ble Shri Justice Goutam Bhaduri

Order On Board

16/12/2015

1.

This is the first bail application filed under Section 439 of the Code

of Criminal Procedure for grant of regular bail to the applicants

who have been arrested in connection with P.O.R /Crime No.

8489/05/2015 registered at Police Station- Antarmara (panduka)

Forest Circle Panduka District Gariyaband (C.G.) for the offence

punishable under Section 29,50 and 51 of Wild Life (Protection)

Act, 1972 and Wild Life (Protection Amendment Act 2002) Section

2, 16(A) (B) and Section 36(E) (F) 52 Indian Forest Act.

2.

As per the prosecution case on 10.09.2015 on receiving a secret

information that in the mid night at about 12.30 in village Murmura

the applicants hunted the Neelgay in the forest on being raided

30 Kg meat was seized from the possession of the applicants and

arrow and weapon (Farsa) were also recovered from the

possession of the applicants thereafter the matter was

investigated and charge sheet has been filed.

3.

Counsel for the applicants submit that the charge-sheet in this

case been filed and no further investigation and seizure is required

and considering the detention period of the applicants, they may

be enlarged on bail. He further submits that the applicants are

innocent and they have been falsely implicated in this case.

4.

State counsel opposes the prayer for grant of bail.

5.

Having regard to the facts and circumstances of the case and the

fact that charge-sheet has been filed in this case; and the seizure

has already been made. Considering the degree of allegation

levelled against the applicants and the fact the applicants are in

jail since 11.09.2015 , this Court is of the opinion, that present is a

fit case, in which, the applicants should be enlarged on regular

bail.

6.

Accordingly, the bail application filed under Section 439 of Cr.P.C.

is allowed.

7.

It is directed that the applicants shall be released on bail on

furnishing a personal bond for a sum of Rs.25,000/- with one

surety each in the like sum to the satisfaction of the concerned

trial Court, for their appearance as and when directed.

Sd/-

(Goutam Bhaduri)

Judge

Santosh