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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 7273 of 2021

• Nikhil Kumar, S/o Siddeshwar Prasad Singh, aged about 34

Years, R/o B-16 Anand Nagar, Telibandha District - Raipur

(Chhattisgarh).

---Applicant

Versus

• State of Chhattisgarh, Through - Police Station - Mana Camp,

Distt. Raipur (Chhattisgarh).

----Non-applicant

For Applicant

Shri Sanjay Agrawal, Advocate.

For State

Shri Rahim Ubwani, Panel Lawyer.

Hon'ble Shri Justice Gautam Chourdiya

Order on Board

27/09/2021

1. The applicant has preferred this first bail application under

Section 439 of Cr.P.C. as he has been arrested in connection

with Crime No.134/2021 registered at Police Station Mana Camp,

District Raipur, C.G. for the offence punishable under Sections

39(2), 49-B, 51, 52 & 9 of Wild Life (Protection) Act, 1972 and

Section 3 of Prevention of Damage to Public Property Act, 1984.

2. As per the prosecution case, on 28.07.2021 secret information

was received by the police of Mana Camp, Raipur that the

present Applicant along with co-accused- Manish Agrawal are

carrying skin of leopard on Activa bearing No. CG04 MF 6081.

On receiving said information, police personnel proceeded to the

spot, caught the accused persons and recovered a bag

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containing one packet of skin of leopard from them.

3. Learned counsel for the applicant submits that applicant is an

innocent person and has been falsely implicated in this case. He

submits that there is no direct proof of applicant's involvement in

the alleged crime. Applicant is in jail since 28.07.2021, charge

sheet has already been filed, due to COVID 19-pandemic

conclusion of trial is likely to take some time and that co-accused

person namely- Manish Agrawal in this case has already been

granted regular bail by this Court vide order dated 15.09.2021 in

MCRC No.6002 of 2021 and, therefore, the applicant be released

on bail on the ground of parity.

4. On the other hand, learned counsel for the State opposes the bail

application. However, he submits that applicant has no criminal

antecedents.

5.

Heard learned counsel for the parties.

6. Considering the facts and circumstances of the case, the nature

of allegation made against the applicant, the detention period of

the applicant, who is 34 years old, charge sheet has already

been filed, the fact that the co-accused person namely Manish

Agrawal in this case has already been granted regular bail by this

Court, the applicant has no criminal antecedents and there is no

likelihood of the applicant tampering with the evidence or

absconding as admitted by both the counsel and due to COVID-

19 conclusion of trial may take some time, without expressing

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any opinion on the merits of the case, this Court is of the opinion

that present is a fit case for grant of bail to the applicant.

Accordingly, the application is allowed. It is directed that in the

event of applicant executing a personal bond in the sum of

Rs.2,00,000/- with two sureties of Rs.1,00,000/- each 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,

(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 Government / State Government / 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 appli