GANESH RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicants have filed this first bail application under Sec. 439 of the Cr.P.C. for grant of regular bail as they have been arrested in connection with crime No. 15571/13 registered at Forest Officer, Forest Circle Arjuni, Distt - Balodabazar-Bhatapara (C.G.) for the offence punishable under Ss. 9, 39, 50, 51 and 52 of the Wild Life (Protection) Act, 1972.

(2.) Case of the prosecution, in brief is that the officers of the Forest Department Arjuni Circle received information on 26/10/2021 that applicants have haunted a female Sambar. On such information being received the Forest Officers prepared a team, conducted search and found that applicants were in possession of meat, they seized the meat and recorded their statements in which they stated that the dogs were caught hold of the Sambar so forest officer arrested them for alleged commission of offence.

(3.) Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case and they are innocent. He would further submit that the animal which has been alleged to have been killed by the applicants falls within Schedule-I of the Wild Life (Protection) Act. The Seizure Panchanama as well as recovery of the wild animal is from the spot, not from the possession of the applicants. The female Sambar was killed by dogs, they have not haunted the animal. He would further submit that the final report has not been submitted, the offence is triable by the Judicial Magistrate First Class, punishment may extend to three years and trial may take some time and the applicants are in custody since 26/10/2021. The applicants are ready to furnish adequate surety and abide by all the directions and conditions, which may be imposed by this Court, therefore, they may be released on bail. In support of his arguments, learned counsel for the applicants has relied upon the judgment of coordinate Bench of this Court in case of Arjun Singh and Others v. State of C.G. 2015(3) C.G.L.J. 372.