Amit Mohammad vs The State Of Madhya Pradesh
2022 Latest Caselaw 7331 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR

                                      BEFORE

     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA

                         ON THE 13th OF MAY, 2022

       MISCELLANEOUS CRIMINAL CASE No.24118 of 2022

       Between:-

       AMIT MOHAMMAD S/O SHRI
       NISAR KHAN, AGE : 32 YEARS,
       OCCUPATION : KRISHI, R/O
       VILLAGE PURA, POLICE THANA :
       OCHHAPURA, TAHSIL : VEERPUR,
       DISTRICT SHEOPUR (MADHYA
       PRADESH)
                                                                ........APPLICANT

       (BY SHRI ARUN PATERIYA - ADVOCATE)

       AND

       VAN PARIKSHETRA ADHIKARI,
       VAN KSHETRA SIRONI, KUNO
       VANYA PRANI, VAN MANDAL,
       SHEOPUR, DISTRICT SHEOPUR
       (MADHYA PRADESH)

                                                             ........RESPONDENT

        (BY SHRI SUSHANT TIWARI - ADVOCATE)
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       This application coming on for hearing this day, the Court passed
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the following:

                                  ORDER

Case diary is available.

This second application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 22.02.2022 in connection with POR No.21259/2005 registered at Police Station - Van Parikshetra, Kuno Vanya Prani Abhyaran, Vam Mandal District Sheopur for offence under Sections 09, 39, 50, 51 of Wild Life Protection Act, 1972 and Section 26(1), 52 of Forest Act.

It is submitted by the counsel for the applicant that it is true that first bail application of the applicant has been dismissed on merits by order dated 21.03.2022 passed in M.Cr.C. No.12915/2022, but the applicant is in jail for the last approximately three months. According to the prosecution case, the applicant had illegally killed an Indian Porcupine. The carcass of Indian Porcupine was seized along with two motorcycles. The applicant was the owner of one of the motorcycle. The said motorcycle has been confiscated. It is true that according to the prosecution case, the applicant had run away from the spot and could be arrested only after four years, but he undertakes to abide by any stringent condition, which may be imposed by the Court and would appear before the Trial Court regularly without any default. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the counsel for the State. However, after going through the police case diary, it is

fairly conceded that the applicant has no criminal history.

Considering the period of detention and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount 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 - Van Parikshetra, Kuno Vanya Prani Abhyaran, Vam Mandal, District Sheopur on 1st of every month during the pendency of the Trial. In case of bail jump or non-appearance of the applicant before the police station as directed by this Court, this order shall lose its effect.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others 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) JUDGE Abhi ABHISHEK CHATURVEDI 2022.05.13 17:55:21 +05'30'