Madhya Pradesh High Court

MCRC/2601/2024 of DULA BANJARA Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE

HON'BLE SHRI JUSTICE VISHAL DHAGATON THE 2[nd] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 2601 of 2024

BETWEEN:-

DULA BANJARA S/O SHRI MEDHA BANJARA, AGEDABOUT 42 YEARS, R/O VILLAGE BHILAYA TEHSILSULTANPUR DISTRICT RAISEN (MADHYA PRADESH).

(BY SHRI MOHAN LAL SHARMA - ADVOCATE)

.....APPLICANT

AND

THE STATE OF MADHYA PRADESH THROUGH VANPARIKHETRA CHHLWAHA VAN MANDALOBEDULLAGANJ DISTRICT RAISEN (MADHYAPRADESH).

(BY SHRI AKSHAY NAMDEO - GOVERNMENT ADVOCATE)

.....RESPONDENT

This application coming on for admission this day, the court passed the following:

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ORDER

This is the first bail application filed by applicant under Section 439 of Code of Criminal Procedure for grant of regular bail relating to FIR No.47907/05, registered at Police Station-Van Parikshetra Chilwaha Van Mandal,Obedullaganj, District Raisen (M.P.) for the offence punishable under Sections2, 9, 39 and 51 of Wild Life (Protection) Act.

2. Learned counsel appearing for applicant submitted that incident is ofyear 2021 and applicant has been arrested on basis of memorandum given byco-accused person in year 2024. Applicant is innocent has falsely been implicated in the case. He is in jail since 02.01.2024. In these circumstances,applicant be released on bail.

3. Learned Government Advocate appearing for the State opposed thebail application. It is submitted that applicant has again committed an offenceunder Wild Life (Protection) Act. Earlier also one offence was registered againsthim under Wild Life (Protection) Act.

4. Heard learned counsel for the parties.

5 . Evidence available against applicant is memorandum given by co- accused and some recovery made from him. Offence is not serious in nature.There is delay in making applicant accused in the case.

6. Considering aforesaid circumstances of the case, bail application filedby the applicant is allowedon condition that he will mark his presence at VanParikshetra Chilwaha Van Mandal Obedullaganj, District Raisen on first of everymonth till competition of trial.It is directed that applicant shall be released onbail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees FiftyThousand only) with one solvent surety in the like amount to the satisfaction ofthe trial Court concerned for his regular appearance before Court on all suchdates as may be fixed in this regard during pendency of trial.

7. The applicant shall also abide by the following conditions of Section 437(3) of Cr. P. C. as under:- (a) that such person shall attend in accordance with theconditions of the bond executed under this Chapter; (b) that such person shall not commit any offence similar to theoffence of which he is accused, or suspected of the commission ofwhich he is suspected and;

(c) that such person shall not directly or indirectly make anyinducement, threat or promise to any person acquainted with thefacts of the case as to dissuade him from disclosing such facts to vkt the Court or to any police officer or tamper with the evidence.

8. Certified copy as per rules.

(VISHAL DHAGAT)JUDGE

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