Chhindami vs State Of Madhya Pradesh

Pramod Kumar Agrawal, J

This is the first application filed by the applicant under Section 482 of B.N.S.S. for grant of anticipatory bail, who is apprehending his arrest in connection with Crime No.270/2022 registered at Police Station - Game Parikshetradhikari, Sarra, Tehsil Tendukheda District Damoh (M.P.) for the offences punishable under Sections 27(1)(3), 29, 31, of Wild Life Protection Act, 1972 and Section 33(1)(ga), 26(1)(ja) of Indian Forest Act, 1927.

As per the prosecution story, it is alleged that when forest range Assistant along with other staff were patrolling, co-accused along other persons came with axe and tried to assault forest authorities and also grippled with Forest Range Assistnat and torn-off his uniform. The information was given to forest authorities of Game Range Sarra and thereafter all the accused persons including present applicant fled away from the place of incident with agricultural equipment, therefore, the aforesaid offence has been registered against the applicant and co-accused.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Applicant is a Government employee. Nothing has been recovered from the applicant. There is no criminal record of the applicant. Offence is triable by JMFC, therefore, it has been prayed that the applicant may be granted benefit of anticipatory bail.

On the other hand, learned counsel for State has opposed the prayer for grant of anticipatory bail and prayed for it's rejection.

Looking to the facts and circumstances of the case, without commenting anything on the merits of the case, the anticipatory bail application filed by the applicant is allowed. It is directed that if the applicant is arrested by the police then he shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

Applicant shall abide by the following conditions under Section 480 (2) of BNSS:-

(a) Applicant shall make himself available for interrogation by a Police Officer as and when required;

(b) He shall not, directly or indirectly, make any inducement, threat or promise to complainant or witnesses;

(c) He shall not leave India without the previous permission of the Court;

(d) He shall not commit similar offence, of which, he is accused or suspected.

(e) He will further abide by the condition enumerated in sub-section (3) of Section 480 of the BNSS.

Certified copy as per rules.