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Judgment
Nandita Dubey, J
Advocate for the applicants is abstaining from the Court work today. This is the first bail application filed by the applicants under Section 439 of the Cr.P.C.
The applicants are under custody since 18.02.2023 in connection with POR No.5409/2017 registered at P.S. Forest Range, Bodarli, District Burhanpur (M.P.) for the offence punishable under Sections 16 (1) (Cha) of Indian Forest Act and under Sections 2, 16 (Ba) (Sa) of Wild Animal Protection Act.
The allegation against the present applicants are that they illegally cut the trees in the forest range due to which nest of Gorraiya (house sparrow/passer domesticus) got destroyed.
Narration of the FIR does not show that there was any intention of the present applicants to destroy the nest of the house sparrows or any the bird for that matter.
Considering that the applicants have remained under custody for nearly 40 days now, this application is allowed.
It is directed that the applicants be released on bail on their furnishing a personal bond in the sum of Rs.35,000/- (Rupees Thirty Five Thousand only) each with one surety in the like amount to the satisfaction of the trial Court/committal Court for their appearance on the dates given by the concerned Court. It is further directed that the applicants shall also comply with the provisions of Section 437(3) of Cr.P.C.
In case, if the applicants are found involved in any other offence during the pendency of the trial, this bail order shall stand cancelled automatically and the police authority will be at liberty to arrest them.
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