BA1/1136/2010 of ANIL RAWAT Vs STATE OF UTTARAKHAND on 31 December 2010

1

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Original Jurisdiction

Dated: Nainital: the 31[st] day of December, 2010First Bail Application No.1136 of 2010

Criminal Side

Anil Rawat S/o Shiv Raj SinghR/o Village Gangau, P.O. Bhera,Tehsil Thalisain Patti Choparkot Pauri District Pauri Garhwal

……...Applicant ( in Jail)

Versus

State of Uttarakhand

…..….Opposite Party

Arising out of crime no. 29 of 2010Under section : 9, 39(3), 51 Wild Life Protection Act, 1972Thalisain (Pauri Range), District Pauri Garhwal -________________________________________________________________________

Hon’ble Prafulla C. Pant, J

Shri Shivanand Bhatt, Advocate, present for the applicant.

Shri M.A. Khan, Brief Holder, present for the State.

Applicant- Anil Rawat, who is in jail in connection with crime no. 29 of 2010, relating to offences punishable under section 9, 39(3), 51 Wild Life Protection Act, 1972, Thalisain (Pauri Range), District Pauri Garhwal , has sought his release on bail.

Heard learned counsel for the parties.

Two skins of leopards are said to have been recovered from the applicant. Learned counsel for the applicant submitted that applicant has no criminal history. He is in jail for more than one month. There is no public witness of the recovery.

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 applicant Anil Rawat, be released on bail on executing personal bond, and furnishing two sureties each of like amount to the satisfaction of Chief Judicial Magistrate, Pauri Garhwal.

(Prafulla C. Pant, J.)

Dt. 31.12.2010Parul