LAKHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the second bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No. P.O.R. No. 6880/01/31/05/2015 registered at Forest Division - Fingeshwar, District Gariyaband (C.G.) for the offence punishable under Sections 9, 39, 50, 51 of the Forest Animal Protection Act, 1972. The earlier bail application was dismissed on 17.11.2015 in M.Cr.C. No.6068/2015.

(2.) Case of the prosecution, in brief, is that the present applicants along -with two other co -accused have mixed urea into the water of a forest pond and by drinking such water, eight Cheetals and one Ox died and thereafter they took away the dead animals. The incident happened at Reserved Forest Block -34 - Khudsa.

(3.) Learned counsel for the applicants would submit that the present offence is bailable in nature as maximum punishment is up till three years. Learned counsel placed his reliance in case of Arjun Singh & Others v. State of C.G. 2015(3) C.G.L.J. 372 and would submit that the animal which has been killed i.e. eight Cheetals and one Ox, it would come within the Schedule -III of the Wild Life (Protection) Act, 1972 (for short "the Act, 1972") and therefore by application of the aforesaid principle, the case would be bailable one as the offence would fall under Section 51(1) of the Act, 1972. It is further submitted that the Cheetal since is enlisted in Schedule -III and the punishment is prescribed that, may extend to three years or with fine which may extend to twenty -five thousand rupees or with both, will make it a bailable offence as per the classification of offence against other laws as shown in Cr.P.C. Therefore, it is submitted that the offence being bailable one, the applicants are entitled for bail.