AI Structured Summary
Not yet generated for this judgment
Judgment
G.S. Ahluwalia, J
This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 01.02.2021 in connection with Crime No.90/2009 registered by Police Station Forest Department, District Guna for
offence punishable under Sections 33(1)(a) of Indian Forest Act, 1927 and Sections 7, 55(2) of the Biodiversity Act and Sections 9 and 51 of the
Wildlife Protection Act, 1972.
It is submitted by the counsel for the applicant that so far as the allegation of illegally cutting 39 trees is concerned, the applicant was not arrested on
the spot, but he has been implicated on the basis of confessional statement made by the co-accused, who was arrested on the spot. The applicant
undertakes to abide by any stringent condition which may be imposed by this Court and there is no likelihood of his absconding or tampering with the
prosecution case.
Per contra, the application is opposed by the counsel for the State. Considering the facts and circumstances of the case and without commenting on
the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of
Rs.1,00,000/- (Rupees One Lac only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the
Court on the dates given by the concerned Court.
It is further directed that the applicant shall appear before the S.H.O. Police Station Forest Department District Guna on 1st of every month during the
pendency of the Trial. In case of bail jump or non-appearance of the applicant before the police station as directed by this Court, this order shall lose
its effect.
Certified copy as per rules.