PRATEEK CHOUBEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first bail application filed by the applicant under Sec. 439 of the Cr.P.C.

(2.) The applicant is under custody since 13/1/2023 in connection with Crime No.42/2023 registered at Police Station Panagar, District Jabalpur (M.P.) for the offences punishable under Ss. 2, 9, 39, 49(B), 50, 51 of the Wild Life Protection Act, 1972 and Sec. 120-B of of IPC.

(3.) The allegation against the present applicant is that he was found carrying skin of leopard for selling. In his memorandum, the present applicant stated that he has purchased the said skin from one Vishram Singh Gaur, who in his statement has admitted that two months earlier he has fenced the agricultural land with live electric wires and a leopard got electrocuted while trying to enter his field and the skin of the leopard he has sold to the present applicant. As per the prosecution, the applicant has no criminal antecedent. Considering the fact that there is no allegation against the present applicant of hunting the leopard and he is remained under custody for more than 17 days now, this application is allowed.