SANJAY SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This first bail application has been filed by applicant under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Forest Crime No.9869/2021 registered by Forest Deptt. Game Range, Devari, District Morena, (M.P.) for an offence punishable under Sec. 27, 29, 50, 51, 52 of Wild Life Protection Act, 1972 and Sec. 41 and 52 of Indian Forest Act. As per the prosecution case, SHO PS Devgarh Distt. Morena intercepted one tractor trolley near Out post Shala on 10/11/2020, The trolly was loaded with sand of river Chambal. The driver of trator fled away thereafter, the tractor trolley was brought to PS Devgarh and Game Ranger National Chambal Sanctuary Devari was requested for further proceedings. Game Ranger submitted written complaint for offence punishable under Sec. 27,29, 50, 51 and 52 of the Wild Life Protection Act, 1972 and Sec. 41 and 42 of the Indian Forest Act 1947 inter alia alleging that illegal extraction of sand would cause damage to the ecology and natural habitat of wild life in and around river Chambal. The owner of tractor trolley applicant Sanjay Singh Gurjar was arrested on 21/8/2023. He is in custody ever since.

(2.) Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant is falsely implicated in the matter merely on suspicion. There is no criminal antecedents reported against the applicant. Investigation is completed and the charge sheet has been filed. There is no likelihood of interference or tampering with the evidence. The applicant is permanent resident of village Janakpur Distt. Morena. There is no likelihood of absconding leaving behind his family and property. No custodial interrogation is required against the applicant. Jail incarceration is causing financial hardship to the applicant. The trial would take time to complete. Therefore, applicant may be extended the benefit of bail. Per contra, learned Counsel for the State opposes the bail application and prays for its rejection. Heard learned learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case, but without commencing on merits of the case, this Court inclined to grant bail to the applicant. Thus, the application is allowed.

(3.) Accordingly, it is directed that the applicant Sanjay Singh Gurjar shall be released on bail in connection with Crime No.9869/2021 registered by Forest Deptt. Game Range, Devari, District Morena, (M.P.) for an offence punishable under Sec. 27, 29, 50, 51, 52 of Wild Life Protection Act, 1972 and Sec. 41 and 52 of Indian Forest Act, upon furnishing a personal bond in the sum of Rs.50,000.00 (Rs. Fifty thousand Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, :