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Judgment
Vivek Agarwal, J
This is first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant-Bastaram Bawanuke, S/o Pardeshi Lal Bawanuke, who is in custody since 05/03/2022 in connection with Crime No.2739/48 registered at Forest Range, Dakshin Lamta, District Balaghat for the offence under Sections 2(16), 9, 39, 50 & 51 of Wild Life Protection Act, 1972.
It is submitted by learned counsel for the applicant that applicant had purchased mutton from one Anil and had no knowledge that it is that of wild boar. Main accused is Anil who is guilty of selling meat. Applicant is innocent. Investigation is complete, charge sheet is filed. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.
Learned Panel Lawyer, on the other hand, opposes the bail application.
After hearing learned counsel for the parties, considering fact that applicant had only purchased mutton from one Anil who is the main accused, also considering the facts & circumstances of the case and keeping in view the fact that investigation is complete, charge sheet is filed & no more custodial interrogation is required in the matter, this Court is of the considered opinion that it is a fit case for grant of bail to the applicant. Hence, without commenting on the merits of the case, this application is allowed.
It is directed that applicant be released on bail on her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of the Trial Court for her appearance before the said Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr. P. C.
This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.
In view of the outbreak of new mutant Omicron of COVID-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus/Omicron virus before and after releasing the applicant.
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