MUMTAJ Vs. STATE OF U.P.& ANR.

JUDGEMENT

(1.) THE applicant Mum­taj has applied for bail for offences under Section 49(B)/51 Wild Life Protection Act, 1972 (Van Jeev Sanrakshan Adhiniyam), under Section 10/15 Prevention of Cruelty to Animals Act, 1960 and Sec­tions 429and 411,1.P.C.

(2.) 1 have heard Sri G.S. Chaturvedi, Senior Advocate for the applicant and Sri Girdhar Nath, learned Counsel for the C.B.I, and Sri A.K. Tripathi, learned Standing Counsel for Wild Life Protection Society, New Delhi.

(3.) IT is contended that applicant Mumtaz is not the owner of the house from where the recovery of articles was made. That no recovery was made from his possession. That he is in jail since 12-1-2000. That therefore, no offence has been committed by the applicant. It is further contended that co-accused Mohammad Ramzan and Smt. Jaibun Nishan, who were also arrested along with the ap­plicant, have already been released on bail in Bail Applications Nos. 3442 of 2000 and 2564 of 21)00. That the applicant is, there­fore, entitled to bail on the ground of parity.