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Judgment
B. K. Shrivastava, J
Heard on the application under Section 439 of Cr.P.C. filed on 24.04.2021 on behalf of the applicant-Bijju Aadiwasi aged about 57 years, who was
arrested on 22.03.2021 in connection with the Crime/POR No.640/2005 registered at Police Station-Grove Area Palkonha, District Chhatarpur under
Section 9, 39, 50, 35(6), 51(1)(c) of Wild Life Protection Act.
It is submitted by the applicant's counsel that the applicant did not commit any offence. The fencing was only for protection of the agriculture field. It
was a co-incident that a panther came in the contact of the fencing ring. The applicant himself informed the Police Officer/Forest Officers. The
applicant is also having no any criminal background, therefore, he should be enlarged on bail.
On the other side, learned Panel Lawyer for the State formally opposed the application. No any strong ground has been raised by the State.
It is true that the applicant is having no any criminal background and is aged about 57 years. He himself informed the concerned officers, therefore, it
can be said that bonafide action was taken by the applicant himself. Therefore, looking to the entire circumstances of the case, age of the applicant,
custody period of the applicant and without commenting on merits, the applicant is entitled to get the bail. Hence, the application is allowed.
It is directed that the applicant shall be released on bail on his furnishing a bail bond worth Rs.50,000/- (Rupees Fifty Thousand only) and a personal
bond of the same amount to the satisfaction of the trial Court.
It is directed that the applicant shall abide by the conditions as enumerated under section 437(3) of the Cr.P.C.
At the time of releasing the applicant from custody, all the instructions issued by the Government related to Covid-19 shall also be followed by the
concerned authority.
This application stands allowed.
C. C. as per rules.