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Judgment
Alok Mahra, J
Applicant Ashivni Haldar, who is in judicial custody in Case Crime/ FIR No.174 of 2025, under Sections 9/51 of Wild Life (Protection) Act, 1972, registered at P. S. Gadarpur, District Udham Singh Nagar, has sought his release on bail.
Heard learned counsel for the parties and perused the material available on record.
As per the prosecution story, on 29.06.2025, the complainant along with other police officials was on patrolling duty from Mehtosh to Ratanpura Border. During patrolling, they noticed one person, who was stopped by the police party, and upon search, 34 (small and large) live turtles were recovered from his possession. The recovered turtles were sealed on the spot, a recovery memo was prepared, and the present applicant was arrested.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case; that, he has no past criminal history; that the recovered turtles were released in their natural habitat; and that there was no independent witness to the alleged recovery.
Per contra, learned counsel for the State has opposed the bail application and submitted that the applicant was found in possession of 34 turtles, which fall under Schedule I, Part II of the 5. Wild Life (Protection) Act, 1972, and that under Section 51 of the Act, the minimum sentence prescribed is three years, which may extend up to seven years.
Considering the overall facts and circumstances of the case, particularly that the recovered turtles have already been released into their natural habitat, and noting the absence of any independent witness to the recovery, this Court, without expressing any opinion on the merits of the case before the Trial Court, is of the view that the present case is fit for the grant of bail.
The bail application is thus, allowed and the applicant is directed to be released on bail on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.