Indian Kanoon - Search engine for Indian Law

4. On 20.2.2014 one Sri N.K.Mahunta, Inspector of Police, CID, CB, Odisha, Cuttack lodged a First Information Report before the Superintendent of Police, CID, CB, Odisha, Cuttack stating therein that while inquiring into the incident of elephant poaching detected on 20.1.2014 inside Add-Kansar, Reserve Forest Landijharan Nala in Jamankira Forest Range under Bamara Wildlife Division, he verified the records of W.L. Jamankira U.D. Case No.7 of 2013-14 dated 20.1.2014 and during course of enquiry and verification, it came to light that on 20.1.2014 while Sri Ajit Kumar Rout, Forester of Jamankira Wildlife Beat was patrolling in his beat area at about 7 a.m. alongwith other forest officials, they found a heap of twigs near Landijharan Nala and they also detected the carcass of one tusker and the tusks were found removed. One accused Siman Toppo was arrested on the very day in connection with the case and W.L. Jamankira U.D. Case No.7 of 2013-14 turned to O.R. Case No.203 of 2013-14. It revealed from the statement of accused Siman Toppo recorded by the forest officials that ten days prior to his arrest, accused Naru Lakra divulged before him that he (Naru Lakra), Hina Badhei, Bhagi Oram and Manthu Minz had killed one elephant inside Add-Kansar Reserve Forest by firing bullets at his legs and injuring the tusker. Then they followed the injured tusker and fired it by means of local made gun from close proximity and after death of the tusker, they cut the forehead portion and removed the valuable tusk for gain. Accused Naru Lakra further disclosed that the accused persons purchased local made guns from one Bhika Luhura for Rs.2000/- to 2500/-.

5. On 20.2.2014 one R.N. Mohanty, Inspector of Police, CIC, CB, Cuttack lodged a First Information Report before the Superintendent of Police, CID, CB, Odisha, Cuttack stating therein that while inquiring into the incident of elephant poaching on 27.1.2014 inside Add-Kansar, Reserve Forest at Kadohar near Patabandha in Jamankira Forest Range under Bamra Wildlife Division, he verified the details of W.L. Jamankira U.D. Case No.08 of 2013-14 dated 27.1.2014 and other material documents available on record and during course of such enquiry and verification, it came to light that on 27.1.2014 while Kalileswar Nayak and others were performing patrolling at about 11.00 a.m., they detected carcass of a wild elephant inside Add- Kansar. On 7.12.2014 accused Siman Toppo was arrested and W.L. Jamankira U.D. Case No.8 of 2013-14 turned to O.R. Case No.203 of 2013-14. The said accused stated that ten days prior to his arrest, accused Naru Lakra divulged before him that he (Naru Lakra), Hina Badai, Bhagi Oram and Manthu Minj had killed the elephant inside Add-Kansar Reserve Forest and further disclosed before him that they tracked a herd of elephants and separated the tusker from its herd by firing bullets at legs and injuring the tusker and then they followed the injured tusker and drove it towards Add-Kansar Reserve Forest where they shot the tusker by means of local made gun from close proximity and after death, they cut the forehead portion and removed the valuable tusks for gain. It was further disclosed that the accused persons purchased local made guns from one Bhika Luhura for Rs.2000/- to Rs.2500/-.

6. Since the facts of the three bail applications are identical and the petitioner is the accused in all the three cases and the allegations against the petitioner are also similar in nature, with the consent of the parties, all the three bail applications were heard analogously and the same are disposed of by this common order.

7. The learned counsel for the petitioner Mr. Arijeet Mishra contended that the petitioner was first arrested in connection with CID, CB, Odisha, Cuttack P.S. Case No.20 of 2014 on 29.12.2014 and forwarded to the Court on the next day and thereafter he was taken on remand in the other two cases i.e., CID, CB, Odisha, Cuttack P.S. Case No. 3 dated 20.02.2014 and CID, CB, Odisha, Cuttack P.S. Case No.4 dated 20.02.2014 on 15.1.2015 and 16.5.2015 respectively. The learned counsel for the petitioner further submitted that the petitioner was also taken on remand in CID, CB, Odisha, Cuttack P.S. Case No. 5 of 2014 with almost similar allegations and he has been released on bail in the said case by this Court in BLAPL No. 1776 of 2015. Similarly after his arrest, the petitioner was taken on remand in CID, CB, Odisha, Cuttack P.S. Case No.21 of 2014 in which he has been released on bail by the learned Sessions Judge, Sambalpur on 02.06.2015. Mr. Mishra further contended that co- accused Jogesh Lugun who alleged to have killed the elephants as well as accused persons Motilal Munda and Bipin Kishore Barua have already been released on bail. He further contended that no tusk has been recovered from the possession of the petitioner and therefore the confessional statement of co- accused Jogesh logun is not corroborated by any other evidence. He further contended that when the co-accused persons against whom more serious allegations like killing of the elephants and removing their tusks are there, have been released on bail and the petitioner has been released on bail in two similar cases in which he was taken on remand after his arrest, keeping in view the nature of materials available on record against the petitioner, he should also be released on bail on the ground of parity and equity.

The learned counsel for the State Mr. Janmejaya Katikia, Addl. Govt. Advocate on the other hand submitted that the petitioner is the mastermind and kingpin behind killing of number of elephants and the co-accused persons were just acting under his instruction. He further submitted that after submission of charge sheet in all these three cases, the further investigation under section 173 (8) Cr.P.C. was kept open for recovering the stolen tusks and also for collecting further evidence against the culprits. The learned counsel further submitted that in CID, CB, Odisha, Cuttack P.S. Case No.5 of 2014, charge sheet has been submitted against the petitioner and Jogesh Lugun. He also submitted that Barkote Range OR Case No.261 of 2010-11, prosecution report has been submitted against the petitioner and five others which is pending in the Court of learned S.D.J.M., Deogarh. Learned counsel further submitted that in CID, CB, Odisha, Cuttack P.S. Case No.21 of 2014 which has been registered against the petitioner, the investigation is under progress. The learned counsel further submitted that confessional statement of a co-accused before a forest official can be taken into consideration in a case of this nature. He further submitted that when number of male elephants have been killed and there are prima facie materials against the petitioner to have played pivotal role in the killing of such elephants and illegal trading of tusks and the investigation is under progress and trading link is yet to be established, it would not be proper to release the petitioner on bail at this stage which would otherwise hamper the progress of investigation.