Nand Kishore @ Nandu vs State of Uttarakhand

Hon''ble Prafulla C. Pant, J.—Mr. Lalit Sharma, Advocate, present for the applicant. Mr. B.S.Parihar, Brief Holder, present for the State.

Heard.

Applicant- Nand Kishore @ Nandu, who is in jail in connection with Range Case No. 16/Haldwani/2011-12 relating to offences punishable u/s 26 Forest Act and u/s 3/55, 4/55 and 6/55 of Biological Diversity Act, 2002 read with rules of 2004, Police Station Tarai Kendriya Van Prabhag, Haldwani, District Nainital, has sought his release on bail.

Allegation against the applicant is that he was found cutting sandal tree.

Learned counsel for the applicant submitted that applicant is a poor labourer. It is further submitted that there is no public witness of the alleged incident. Applicant is in jail for last more than one and half month. Learned counsel for the applicant further submitted that applicant has no criminal history.

In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that the applicant deserves bail. The Bail Application is allowed. Let the applicant-Nand Kishore @ Nandu be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Additional Chief Judicial Magistrate, Haldwani.