Madhya Pradesh High Court
Chagan vs The State Of Madhya Pradesh on 7 August, 2012
7.8.2012 Shri Manish Tiwari, Advocate for the applicant. Shri Prakash Gupta, PL for the State.
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.
The applicant is in custody since 26.7.2012 in connection with Forest Crime No. 4002/14 registered at P.S. Piplod for the offence punishable under sections 26(1-Chha) of Indian Forest Act and under section 9, 39 (a), 50 (a)(s), 51(I), 1A of the Wild Life Protection Act.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He is agriculturist. Normally the wild animals (wild pig) enter into the fields of agriculturist, therefore, the agriculturists keep the dogs to attack them. The charge sheet has been filed. The applicant is in custody and trial would take considerable time to conclude, therefore, he be released on bail.
Learned counsel for State has opposed the application. On due consideration of the contention raised by the learned counsel for the parties, I am of the considered view that it is a fit case to release the applicant on bail, therefore, without commenting on the merits of the case, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs. 25,000/- (Rs. Twenty Five Thousand only) with one surety in the like amount to the satisfaction of the committal Court/trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.
Certified copy as per rules.
(G.S.Solanki) Judge PB