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Judgment
V. Narasingh, J
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is an accused in connection with 2(b)C.C. No.05 of 2023, pending in the Court of the learned S.D.J.M., Padmapur arising out of Padmapur Range Offence Report No.1 of 2023-24, for alleged commission of offences under Section 51 of the Wild Life Protection Act.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Padampur, by order dated 03.05.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the petitioner is in custody since 02.04.2023 and since the petitioner is the first offender, he may be released on bail.
Learned counsel for the State opposes the prayer for bail.
Taking into account the nature of allegations and the period of custody, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
Before releasing the petitioner on bail, learned Court in seisin is called upon to verify criminal antecedent of the petitioner. If it comes to the fore that the petitioner has any criminal antecedent, this order shall stand recalled.
Leave is granted to the petitioner to pursue his remedy for violation of the stipulations made in the case of Arnesh Kumar vrs. State of Bihar and another reported in (2014) 58 OCR (SC) 999 in accordance with law.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
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