JUDGMENT Subodh abhyankar, J. - They are heard and perused the case diary. This is the applicant's Second bail application filed under Section 439 of Cr.P.C. The applicant is implicated in connection with Crime No.PRO28060/2017 registered at Police Station-Forest Department Tiger Strike Force, District-Indore (MP) for offence punishable under Sections 9.39, 44, 48(a), 49(B) & 52 of Wildlife Protection act. The applicant is in custody since 17.8.2019. applicant's first bail application-M.Cr.C.No.62102/2021 was dismissed on merits by this Court on 31.1.2022. The allegation against the applicant is that he was also involved in the aforesaid offence wherein a leopard skin has been seized from the possession of the applicant and Chandabai and the other accused persons ran away from the spot and subsequently various body parts of leopard and other wild animals were recovered. Counsel for the applicant has submitted that till date not even a single prosecution witness has been examined and the applicant is languishing in jail since 17.08.2019. It is further submitted that the final conclusion of trial is likely to take sufficient long time and the only recovery from the applicant is of two leopard nails, one bunch of hair, three pieces of leopard bone, skin of jackal, hair of jackal, teeth of wild boar, two pieces of wild boar bone and one nail of bear as has already been recorded by this Court in the earlier bail application. Counsel has submitted that maximum sentence of seven years is provided and there are no criminal antecedents. It is further submitted that under identical circumstances, co-accused Mangilal has been granted bail by this Court in M.Cr.C.No.476/2022 dated 8.3.2022. Thus, on the grounds of parity, counsel has submitted that the bail application be allowed. Counsel for the respondent/State, on the other hand, has submitted that the case-diary is still not available. On due consideration of the rival submissions, on perusal of the case diary and considering the bail order in respect of the co-accused, this Court finds force with the contention raised by the counsel for the applicant. In view of the same, this Court has no hesitation to allow the present application considering the period of incarceration. accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed.
In view of the same, this Court has no hesitation to allow the present application considering the period of incarceration. accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he/ she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973. It is also observed that if the applicant is found to be involved in any of the criminal activities, after his / her release on bail, then the present bail order shall stand cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective. Certified copy as per rules.