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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Proceeding through video conferencing

MCRC No. 9993 of 2021

 Surujlal S/o Duwaru Ram Netam Aged About 24 Years R/o Village Silati,

Police Station Dhanora And Tahsil Keshkal District Kondagaon

Chhattisgarh.

---- Applicant

Versus

 State Of Chhattisgarh Through Station House Officer, Police Station

Farasgaon, District Kondagaon Chhattisgarh.

---- Non-Applicant

For Applicant

Ms. Sareena Khan, Adv.

For the State/Non-Applicant.

Mr. Chitendra Singh, P.L.

Hon’ble Shri Justice Gautam Chourdiya

Order on Board

24/01/2022

1. The applicant has preferred this first bail application under Section

439 of Cr.P.C. as he has been arrested on 29.10.2021 in connection

with Crime No.115 of 2021 registered at Police Station-Farasgaon,

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

09, 39B, 51 & 52, Wild Life of Protection Act & Section 03 Prevention

of Damage to Public Property Act.

2. As per the prosecution case on 29.10.2021 secret information was

received by the Police of Farasgaon District Kondagaon,C.G. that the

present applicant namely Surujlal is selling of the leopard skin. On

receiving said information, police personnel proceeded to the spot,

caught the accused person and recovered a skin of leopard from him.

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

person and has been falsely implicated in this case. He also submits

that applicant has not played any role in alleged offence. Applicant is

in custody since 29.10.2021, charge sheet has already been filed and

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due to COVID-19 pandemic, conclusion of the trial is likely to take

some time. Therefore, he may be released on bail.

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

application. However, he submits that the applicant has no criminal

antecedent.

5. Heard learned counsel for the parties.

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

allegation against the applicant, charge sheet has been filed, the

detention period of the applicant, who is 24 years old, the fact that 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 pandemic, conclusion of trial

may take some time, without commenting anything on merits of the

case, this Court is of the opinion that present is a fit case to release

the applicant on bail. Accordingly, the bail application is allowed. It is

directed that in the event of applicant executing a personal bond for a

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 not involve himself in any offence of similar nature in

future.

(v)

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

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Central Government / State Government / Local Authority.

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

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