Shiva Kumar vs State Of Uttarakhand

Alok Mahra, J

Applicant Shiva Kumar, who is in judicial custody in Case Crime/ FIR No.0169 of 2025, under Sections 9, 51, 48A of Wild Life Protection Act, 1972, registered at P. S. Gadarpur, District Udham Singh Nagar, has sought his release on bail.

Heard learned counsel for the parties and perused the material available on record.

As per the prosecution story, an FIR was lodged on 21.06.2025 alleging that the applicant was apprehended with 82 turtles (small and large); that the recovered turtles were released in their natural habitat. It is further alleged that there was no independent witness to the recovery.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case; he has no past criminal history; and his father is suffering from mouth cancer, with no one available to look after him.

Per contra, learned counsel for the State submits that the applicant was found in possession of 82 turtles, which fall under Schedule I, Part II of the Wild Life (Protection) Act, 1972. He has further submitted that, under Section 51 of the Act, the minimum sentence prescribed is three years, which may extend up to seven years.

Considering the facts and circumstances of the case, the nature of the allegations, the recovery having already been made, the absence of any criminal antecedents, and also keeping in view the humanitarian ground regarding the applicant’s ailing father and without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that it is a fit case for grant of bail.

The bail application is thus, allowed and the applicant is directed to be released on bail on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.