JUDGMENT Rajeev Kumar Dubey, J. - Heard with the aid of case diary. This is second bail application filed by the applicant under Section 439 of Cr.P.C. applicant Shaied Khan was arrested on 13/2/2021 in Crime/POR No.237/2001 registered at Police Station S.T.F., Forest Department, Jabalpur (M.P.) for the offence punishable under Sections 9, 39, 44, 48a, 49B, 50, 51, 52 and 57 of Wild Life Protection act, 1972. The first bail application of the applicant was dismissed o n merits by this Court vide order dated 09/11/2021 passed in MCrC no.41333/2021. As per prosecution case, on 10/02/2021, on the information of an informant that some persons were standing on Kundam Sirauli road near first turn of the Hiran river the officials of Tiger Strike Force, Jabalpur, Sagar & Bhopal, Wildlife Crime Control Bureau, Jabalpur and Special Task Force, Jabalpur along with other members of the force went to the spot, where they saw six persons were standing there and one swift car bearing registration No.MP-20-CB-9522 was also parked there. Members of the task force surrounded them from all sides. On being asked, they disclosed their names as applicant Shaied Khan, co-accused arvind Vishwakarma, Dhyan Singh, abhishek @ Manish Kumar, Ketki @ Rinki Uike and Tirath. On searching the car, one skin of leopard and 7.300 k.g. Scales of Pangolin were found in the car, which was illegally kept by them in their possession. O interrogation, co-accused abhishek @ Manish informed that co-accused Mausam Singh and Javed are also standing at village Rangaon, Shahpura with intent to sell leopard's skin. Then members of the task force went to village Rangaon and apprehended co-accused Mausam Singh, Javed and Lamu Singh and seized one skin of leopard from the possession of co-accused Javed. On interrogation co- accused Mausam Singh Maravi informed that co-accused Lamu Singh gave thatskin to him. On interrogation, co-accused Lamu Singh informed that co-accused Prem Singh Saiyam gave that skin to him. The STF registered POR No.237/2001 at STF, Forest Department, Jabalpur and investigated the matter. During investigation on 13/02/2021, on the information of applicant Mohd.
On interrogation co- accused Mausam Singh Maravi informed that co-accused Lamu Singh gave thatskin to him. On interrogation, co-accused Lamu Singh informed that co-accused Prem Singh Saiyam gave that skin to him. The STF registered POR No.237/2001 at STF, Forest Department, Jabalpur and investigated the matter. During investigation on 13/02/2021, on the information of applicant Mohd. Saied, member of task force intercepted Maruti 800 car bearing registration number MP-52Ca-0831 on Parasi Shahdol road, near village Murki, in which co-accused Kamal Prasad Yadav and co-accused Sanjay Janghela and Gendalal Vanwasi were traveling and seized one skin of leopard from that car, which was illegally kept by co-accused persons in that car and also arrested co-accused Kamal Prasad Yadav and co-accused Sanjay Janghela and Gendalal Vanwasi. During further investigation, on 13/02/2021 on the information of co-accused abhishek @ Manish and Javed Mansoori, member of task force went to Katni Bypass road near Chandiya Kathli river main road and apprehended co-accused Kamal Bhan Singh @ Bhole Singh, Gulab Singh, Ramesh Baiga and Debua Bega, who were standing their and seized Pangolin scales from their possession which was illegally kept by them in their possession. On 14/02/2021 during further investigation, on the information of co- accused Ketki Bai @ Rinki and Dhyan Singh, member of Task force went to co- accused Ketki Bai's house located at village Bhaiswahi, Distt. Katni and seized the skin of a leopard from her house. On 04/03/2021 during further investigation, members of Tiger Strike Force Date: 2022.03.07 16:54:07 IST went to the field of co-accused Ram Singh located at Sathiya Tola, Bhaiswahi and arrested him. On interrogation co-accused Ram Singh informed that 10-15 days ago co-accused Mithai Lal, Munna, Rajaram Barman, Mukesh Thakur, Vakil Thakur and Ram Kumar hunted one leopard by electrocution and after removing its skin buried other body parts of leopard in the field. Members of the force also seized that body part of leopards from the field at the instance of co- accused Ram Singh. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the matter. applicant has no criminal past.
Members of the force also seized that body part of leopards from the field at the instance of co- accused Ram Singh. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the matter. applicant has no criminal past. Though, earlier bail application of the applicant has been dismissed on merits by this Court vide order dated 09/11/2021 passed in MCrC no.41333/2021 but applicant is in custody since 13/2/2021 while trial is still pending and conclusion of trial will also take time, hence prayed for release of applicant on bail. Learned counsel for the State opposed the prayer and submitted that the earlier bail application of the applicant has been dismissed on merits by this Court vide order dated 09/11/2021 passed in MCrC no.41333/2021, thereafter there has been no change in circumstance. So applicant should not be released on bail. Though, earlier bail application of the applicant has been dismissed on merits by this Court vide order dated 09/11/2021 passed in MCrC no.41333/2021. But, the trial is still pending and the applicant has been in custody since 13/2/2021 and till today learned trial Court has recorded the statement of only one witness and the statements of six witnesses have to be recorded and conclusion of trial will take time, so looking to the facts and circumstances of the case and the fact the applicant has no criminal past, without commenting on merits of the case, th application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each with surety in the like amount to the satisfaction of the concerned CJM/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. This order will remain operative subject to compliance of the following conditions by the applicant :- 1. The applicant will comply with all the terms and conditions of the bond executed by him; 2. The applicant will cooperate in the trial; 3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court; 4.
The applicant will comply with all the terms and conditions of the bond executed by him; 2. The applicant will cooperate in the trial; 3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court; 4. The applicant shall not commit an offence similar to the offence of which he is accused; 5. The applicant will not seek unnecessary adjournments during the trial; and 6. The applicant will not leave India without prior permission of the trial Court. C.C. on payment of usual charges.