Akash Gurjar vs The State Of Madhya Pradesh
2021 Latest Caselaw 1378 MP

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               THE HIGH COURT OF MADHYA PRADESH
                         MCRC No.17842/2021
                   (AKASH GURJAR VS. STATE OF M.P.)

Gwalior dtd. 07/04/2021
         Shri Shyam Sharma, learned counsel for the applicant.

         Shri Devendra Chaubey, learned Public Prosecutor for the

State.

         Case diary is available.

         This third repeat application under Section 439 of Cr.P.C. has

been filed by the applicant for grant of bail.

         The applicant is in jail from 24/09/2020 in connection with

Crime No.9869/2015/2020, registered at Police Station Game

Ranger, National Chambal Sanctuary, District Morena for the

offence under Sections 27, 29, 50, 51 and 52 of the Wild Life

Protection Act, 1972 amended 1991 and Section 41 and 52 of

Indian Forest Act, 1927.

         It is submitted by the counsel for the applicant that the

applicant is in jail for the last more than six months. The trial is

likely to take sufficiently long time and there is no possibility of his

absconding or tampering with the prosecution case. In view of the

allegations of illegal transportation of illegally excavated sand by

the applicant, the applicant is ready and willing to abide by any

stringent condition, which may be imposed by this Court.

         Per contra, the application is opposed by the counsel for the

respondent/State. It is submitted by the counsel for the State that the

applicant was transporting illegally excavated sand and the incident

of illegal excavation of sand are increasing day by day and

miscreants on earlier occasions had killed the police as well as

forest officials by running over their vehicles and act of the

applicant is causing threat to the ecological balance of this area. It

is further submitted that the second bail application of the applicant

has already been dismissed on merits by order dated 07/01/2021

passed in MCRC No.51924/2020.

Considering the period of detention as well as considering the

facts and circumstances of the case and without commenting on the

merits of the case, the application is allowed. It is directed that the

applicant shall be released on bail on furnishing cash surety of Rs.

1,00,000/- (Rupees One Lac Only) to the satisfaction of the Trial

Court/Committal Court to appear before the Court on the dates

given by the concerned Court.

It is further directed that the applicant shall appear before the

S.H.O. Police Station Game Ranger, National Chambal Sanctuary,

District Morena on 1st of every month during the pendency of the

Trial. It is made clear that in case even if a single default in

appearing before the Trial Court/Committal Court is committed,

then this order shall lose its effect and the cash surety so deposited

by the applicant shall automatically stand forfeited.

In the light of the judgment passed by the Supreme Court in

the case of Aparna Bhat & Ors. vs. State of M.P. passed on

18/03/2021 in Criminal Appeal No.329/2021, the intimation

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

                                                             (G.S.Ahluwalia)
Pj'S/-                                                           Judge

     PRINCEE BARAIYA
     2021.04.07
     17:39:43 -07'00'