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2020 DIGILAW 1111 (MP)

Rekha v. State Of M. P.

2020-10-13

PRAKASH SHRIVASTAVA

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JUDGMENT Prakash Shrivastava, J. - Heard through video conferencing on the question of grant of bail. 2. This is an application made by the applicant (accused) under Section 439 Cr.P.C. for grant of bail during trial. 3. Notice of this application was served on the State counsel. Case diary as per the direction of this Court has been produced and it has been perused. 4. The applicant is facing trial for offence punishable under Section 26(i) Indian Forest Act, 1927 and Section 15 of M.P. Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969 and Section 2 (5, 16), 9, 39, 44, 48(A), 51, 52 of Wild Life (Protection) Act, 1972 registered with Police Station Forest Department, District Ujjain, in Crime no. POR No.21074/01. 5. Learned counsel for the applicant submits that one red sand boa snake and one golden owl has been recovered from the joint custody of the present applicant and co-accused persons. He further submits that co-accused Vaibhav has been granted bail by this Court vide order dated 16/09/2020 passed in M.Cr.C. No.29554/2020, therefore, the present applicant is also entitled to bail on the ground of parity. He further submits that the applicant is in custody since 20/07/2020 and that the investigation is complete and challan has already been filed and the conclusion of trial is likely to take time. 6. Learned counsel for the State has opposed the application for grant of bail but he has not disputed the ground of parity. 7. On perusal of the case diary and considering the circumstances of the case, I find prima facie force in the submissions made by the counsel for applicant. Hence I am of the considered view that the application for grant of bail deserves to be allowed and is accordingly allowed. 8. The applicant is directed to be released on bail on her furnishing a personal bond in the sum of Rs.35,000/- (Rupees Thirty Five Thousand) with one surety in the like amount to the satisfaction of the Trial Court for her appearance as and when directed. 9. The applicant will attend each hearing of her trial before the Trial Court out of which this bail arises. Any default in attendance in Court would result in cancellation of the bail granted by this Court. 10. Certified copy as per rules.