Uttarakhand High Court
Ajay Singh vs State Of Uttarakhand on 22 August, 2017
Author: V.K. Bist
Bench: V.K. Bist
BA2 No.132 of 2017 Hon'ble V.K. Bist, J.
Mr. Amit Kapri, Advocate for the applicant.
Ms. Shivali Joshi, Brief Holder for the State of Uttarakhand.
Heard learned counsel for the parties.
This is second bail application moved by the applicant seeking regular bail in F.I.R. No. 06 of 2017, under Sections 2, 9, 37, 49-B, 50, 51, 57 of the Indian Wildlife (Protection) Act & Section 26 of the Forest Act, registered at Police Station Didihat, District Pithoragarh. The first bail application moved by the applicant was disposed of by this Court on 10.07.2017, by granting short term bail to the applicant for a period of one month.
Learned counsel for the applicant submitted that the applicant has falsely been implicated in the instant crime and has no criminal history. He submitted that there is no public witness of the alleged incident. He submitted that the wife of the applicant has given birth to a female child and there is no one in the family to look after his wife and his new born baby. Further, the co-accused, namely, Manoj Singh, has already been enlarged on bail by this Court on 02.08.2017. He submitted that this is a case of parity and in case the applicant is granted bail, he will not misuse the same and will furnish the bail surety as per the satisfaction of this Court.
Considering the submission of learned counsel for the applicant and without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail at this stage on the ground of parity.
The bail application is allowed. Let the applicant Ajay Singh, be released on bail, on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Magistrate concerned.
(V.K. Bist, J.)
Arpan 22.08.2017