SALIN BASDEVA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application filed under Section 439 of the Cr.P.C. for grant of bail. Applicant Salin Basdeva was arrested on 03/05/2019 in connection with Forest Crime No. 351/2013 registered at Forest Circle, Range Panpatha (Buffer), Bandhavgarh Tiger Reserve, Umariya for the offence punishable under Sections 9, 39, 51 read with Section 52 of the Wild Life Protection Act.

(2.) As per prosecution story on 10/12/2018 at 06:00 P.M. Forest officials found carcass of a tiger (Panthra Tigris) lying at Tiger Reserve Forest, Compartment No. 628 and enquired into the matter. During enquiry it was found that applicant and co-accused Sunny Manjhi @ Sunny Dewal planted live electrical wire for hunting the tiger and when tiger came into the contact with that live electrical wire, it suffered electric shock and died. Thus, applicant and co-accused hunted the tiger.

(3.) Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. There is no direct evidence on record to connect the applicant with the crime. Forest officials only on the basis of memorandum of applicant and co-accused implicated the applicant in the crime. The carcass of the tiger was found on 10/12/2018, while Forest officials arrested the applicant on 03/05/2019. The applicant has no criminal past. He is in custody since 03/05/2019 and conclusion of trial will take time, hence prayed for release of the applicant on bail.