Orissa High Court
Gopabandhu Mahalik @ Babuli vs State Of Odisha .... Opp. Parties on 12 December, 2022
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 14667 of 2022
Gopabandhu Mahalik @ Babuli .... Petitioners
and another
Mr. R. Prusty, Advocate
-versus-
State of Odisha .... Opp. Parties
Mr. M. K. Mohanty, ASC
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 12.12.2022
02. 1. Heard learned counsel for the Petitioners and the State.
2. By means of this application, the Petitioners seek grant of anticipatory bail U/s. 438 of Cr.P.C. in apprehension of arrest for their alleged involvement in the offences under Sections 9/39/44/49(B)/52/51 of Wildlife (Protection) Act.
3. Leaned counsel for the State obtained the case diary and placed that the petitioners' involvement in poaching of elephant as stated by the co-accused persons and they were also arrested in connection with 2(b)CC No.8 of 2008 corresponding to O.R Case No. 15B of 2022-23 on the selfsame allegations of poaching of elephant and illegal trade of wildlife animals. There is also material that the Petitioner No. 2-Murali Mahalik @ Kalia too is involved in elephant poaching in the year 2018 in respect to R.F. dated 10th February, 2018 and killing of the elephant for tusk.
4. Learned counsel for the Petitioners submits that the present Petitioners are vegetable vendors and they have been arrayed in this case on the basis of the statement of the co-accused persons for poaching of elephant tusk and extinction of the wildlife from the // 2 // sanctuary and has been a matter of concern that not only destabilize the environment but also the animals species.
5. Keeping in view the submission of the parties, the nature of allegations as emerged from the materials on record, the circumstances appearing, the seriousness and gravity of the offences, this court is not inclined to grant anticipatory bail to the Petitioners. Accordingly the prayer for bail stands rejected and the ABLAPL is dismissed.
(Chittaranjan Dash) Judge B.K Sahoo/AKPradhan Page 2 of 2