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Judgment
Mr. B.M. Pingal, Advocate, present for the applicant.
Ms. Mamta Joshi, Brief Holder, present for the State/respondent no.1.
The first information report was lodged by respondent no. 2 which has been registered as Case Crime No. 223 of 2017 under Sections 26 (g)/41 and 42 of the Forest Act, at Police Station Kotdwar, District Pauri Garhwal. After investigation, police filed the charge-sheet in the matter. Consequently, the learned Magistrate took cognizance in the matter and issued summon against the present applicant. Hence, the present application under Section 482 CrPC.
Considering the overall facts and circumstances of the case, no interference is being called for by this Court in the matter.
However, the applicant would be at liberty to move an application for her bail before the court below, which shall be considered, as far as possible, on the same day itself, on its merits, in accordance with law. In case, for any reason, the bail is rejected or deferred, the court below may consider granting interim bail to the applicant considering the fact that the applicant is a woman and has never been charged or convicted under the Forest Act by any Court. In case, the applicant moves an application for appearance through a lawyer, the same shall be considered in accordance with law.
Consequently, the application under Section 482 CrPC stands disposed.