Rafi vs State of Uttarakhand

Prafulla C. Pant, J.—Shri D.K. Sharma, Shri Lokendra Dobhal and Shri B.S. Parihar, Advocates, present for the applicant.

Shri S.S. Adhikari, A.G.A., present for the State.

Applicant-Rafi, who is in jail in connection with crime No. 3/2010-2011 Mandal Range, relating to offences punishable u/s 9, 39, 44, 51, 52 Wild Life Protection Act, 1972, P.S. Forest Department, Mandal Range, District Nainital, has sought his release on bail.

Heard learned Counsel for the parties.

Learned Counsel for the applicant submitted that applicant is in jail for last more than three months. It is pleaded that the applicant has no criminal history. A KHADKA (an instrument for poaching) is said to have been recovered from the applicant.

In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail.

The bail application is allowed. Let the applicant Rafi be released on bail, on executing personal bond, and furnishing two sureties each of like amount to the satisfaction of the Chief Judicial Magistrate, Nainital. (Urgency application No. 2048 of 2011, stands disposed of).