Madhya Pradesh High Court
Rajesh Shiv vs The State Of Madhya Pradesh on 21 December, 2016
M.Cr.C.No.22025/2016
Rajesh Shiv State of M.P.
21.12.2016
Shri Rahul Kumar Tripathi, counsel for applicant. Smt.Pratibha Mishra, P.L., for State.
This is first bail application moved under section 439 of Cr.P.C., for grant of regular bail on behalf of applicant Rajesh Shiv in connection with crime POR No.39076/2014 registered at Police Station Forest Circle, Khawasa South Seoni, District Seoni under section 2 (16), 9, 39, 43(1)(3), 44, 48-A, 49, 51, 52 of Wild Life Protection Act, 1972.
It is alleged that the present applicant has aided other co-accused for disposal of hairs of tiger.
Learned counsel for applicant submitted that there is only confessional statement available against the applicant, he has been falsely implicated in the offence, no property or offending material has been seized from his possession and the hairs of tiger were seized from the possession of co- accused Narendra & Mangal and there is no criminal antecedents, therefore he may be released on bail.
Learned Panel Lawyer for the State has opposed the prayer and submitted that hairs of tiger was recovered from the possession of the applicant, therefore he may not be released on bail.
Keeping in view the facts and circumstances of the case, no property or offending material was seized from the possession of applicant and there is no criminal antecedents M.Cr.C.No.22025/2016 Rajesh Shiv State of M.P. of the applicant, without expressing any opinion on the merits of the case, I find it proper to release the applicant on bail. The application is allowed. It is directed that the applicant Rajesh Shiv shall be released on bail on his furnishing personal bond in the sum of Rs.40,000/- (Rupees forty thousand) with one solvent surety of the like amount to the satisfaction of the trial Court. It is further directed that till investigation is completed the applicant shall appear before the Investigation Officer on every 2 nd and 4th Sunday of every month between 11 A.M., to 1.00 P.M., for six months during pendency of the trial. It is also directed that the applicant shall abide by the conditions as enumerated under section 437(3) of the Cr.P.C and in the event of breach of condition of bail, the trial Court will be competent to take coercive action against the applicant.
This M.Cr.C., stands allowed.
C.C., as per rules.
(ANURAG SHRIVASTAVA) JUDGE M.