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Madhya Pradesh High Court
Tikaram Hanote vs The State Of Madhya Pradesh on 6 January, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:766
1 MCRC-58427-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANDEEP N. BHATT
ON THE 6 th OF JANUARY, 2026
MISC. CRIMINAL CASE No. 58427 of 2025
TIKARAM HANOTE
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Sanjay Sharma - Advocate for the applicant.
Shri Ritwik Parashar Ga appeared for respondent.
ORDER
This is bail application filed by the applicant under Section 483 of the
Bharatiya Nagrik Suraksha Sanhita, 2023 (Section 439 of Cr.P.C.) for grant
of regular bail relating to Forest Crime No.16036/06 registered at the Police
Station - Forest Range, General Lalbarra & State Tiger Strike Force Regional
Unit, Jabalpur, (MP) for offences punishable under Sections 2, 16 (ba), 39,
48A, 50, 51, 52 & 57 of the Wild Life Protection Act, 1972. Applicant is in
detention since 02.11.2025.
2 . Learned counsel for the applicant submits that the present case
pertains to death of a tiger where the present petitioner is posted as a forester.
The applicant is behind bars since 02.11.2025. Against the present applicant,
except a confessional statement, no other material is available against him to
implicate him in commission of crime in question. It is further submitted that
now the investigation is complete and charge sheet is filed. Maximum
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sentence for alleged offence is seven years. It is also contended that
considering the provision of Section 41 of the Cr.P.C. and guidelines given
in the case of Arnesh Kumar v. State of Bihar and Another, (2014) 8 SCC
73, the case of the applicant requires consideration for grant of bail. He also
submits that ordinarily in the matter triable by Magistrate, the Courts show
leniency granting bail after completion of investigation. He has referred the
decision of the Apex Court in Abdul Majid Abdul Sattar Memon v. State of
Gujarat, (CRA No.3525 of 2024 dated 27.08.2024) and prays for grant of
regular bail to the applicant.
3. On the other hand, learned counsel for the State has strongly
opposed the contentions raised by counsel for the applicant and submits that
State of Madhya Pradesh is known as 'Tiger State' and it is the duty of the
State to protect wild life and more particularly species of Tiger. In
confessional statement of the applicant, it is revealed that the applicant has
also played an active role in commission of crime. It is further contended
that merely because of the fact that merely an offence is triable by
Magistrate, cannot be sole ground for grant of bail. Its seriousness is also to
be taken into consideration. He has placed heavy reliance on the order dated
21.04.2016 passed by Coordinate Bench of this Court in State of MP v.
Jaitmang (alias - Pasang) Limi in M.Cr.C. No.21746/2015 more particularly
paragraph 11 of the said judgment. By the said order Coordinate Bench has
cancelled the bail granted to the accused therein.
4. Heard the submissions and perused the case diary.
5. The applicant is a government employee and was performing his
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duty at the relevant time. By way of lodging of FIR, offences in question
have been registered which are triable by Magistrate. Now the charge-sheet
has been filed. The applicant is in custody since 02.11.2025. Being a
government servant, the facts revealed from FIR and material available on
record, prima facie it appears that the applicant remained inclined to
discharge his duty in proper manner despite narration made in confessional
statement, this Court is of the opinion his case requires consideration for
grant of bail. Therefore, without expressing any view on the merits of the
case, the application is allowed.
6. It is directed that the applicant shall be released on bail on his
furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand
Only) with one surety in the like amount to the satisfaction of the trial Court
concerned for his appearance before the said Court on all such dates as may
be fixed in this regard during the pendency of trial.
7. It is further directed that the applicant shall comply with the provisions
of Section 480(3) of the BNSS, 2023.
(SANDEEP N. BHATT)
JUDGE
ks
