LAWS(MPH)-2019-10-148

VIJAY SINGH Vs. STATE OF MP

Decided On October 01, 2019
VIJAY SINGH Appellant
V/S
STATE OF MP Respondents

JUDGEMENT

(1.) Heard.

(2.) This is first bail application filed on behalf of the petitioners under Section 439 of the Code of Criminal Procedure. The petitioners are in custody since 30.07.2019 in connection with Crime No.-Forest Crime Case P.O.R. No. 4310/25 registered at Police Station-Forest Range Bijuri, Distt.- Anuppur (M.P.) for the offence punishable under Section 2, 9, 39, 50, 51 & 52 of Wild Life Protection Act, 1972.

(3.) As per prosecution story, the police of Forest Range Bijuri has recovered the meat of the Cheetal and also recovered the axe from the possession of the petitioners, which shows that they had hunted the wild animal and hence the aforesaid offence has been registered against petitioners. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that no flesh of wild animal-Cheetal has been seized from the possession of the petitioners. The seized property have not been produced before the Magistrate, which shows that the mandatory provisions of Wildlife Protection Act has not been complied by the prosecution. The charge-sheet has already been filed. There is no previous criminal record of the petitioners. The petitioners are in jail since 30.07.2019 and trial would take time to conclude. There is no chance of their absconding and tampering with the evidence. They are ready to furnish bail bond, as per the order, abiding with all conditions imposed by the Court. On these grounds, he prays for grant of bail to the petitioners.