(1.) This is the first application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicants. The applicants are in custody since 08.04.2020 in connection with POR No. 2010/02 Range Case No. 07/2020 registered at Police Station Forest Department, Petlawad District Jhabua for the offence punishable under sections 2 , 9 , 39 , 48-A and 51 of Wild Life (Protection) Act , 1972(for short the Act of 1972).
(2.) As per prosecution story, applicants tribal by caste, while working on field had killed an extinct animal known as Civest mentioned in (Schedule II Part II No. 1- A) of the Act of 1972 and thereafter roasted it and ate it.Accordingly, the case has been registered. Investigation is complete. Challan has been filed.
(3.) Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the crime. They had no knowledge of the allegations of killing an extinct animal as they are tribes by caste and they are victims of their ignorance. The investigation is complete and challan has been filed. Since, the applicants are in jail incarceration from 08.04.2020, the family is on the verge of starvation. Their further incarceration shall jeopardize life of the family members. Looking to the Covid-19 situation, trial is not likely to conclude early in the near future. Under such circumstances, the applicants deserve to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.