Anticipatory bail is warranted where applicants are implicated only by co-accused statements and weapons are already seized.

The petitioners, arrayed as accused Nos. 3 to 5, sought anticipatory bail in a case registered under Sections 9 and 39 read with Section 51 of the Wildlife (Protection) Act, 1972.

Forest officers had apprehended accused Nos. 1 and 2 with two hares and items allegedly used for hunting; the petitioners were implicated based on the apprehended accused’s statements.

Accused Nos. 1 and 2 had been enlarged on regular bail.

The petitioners’ anticipatory-bail application before the Sessions Court was rejected, leading them to approach the High Court

Whether the petitioners, accused Nos. 3 to 5, were entitled to anticipatory bail in the wildlife-offence case

Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides for anticipatory bail.

The alleged offences were under Sections 9 and 39 read with Section 51 of the Wildlife (Protection) Act, 1972.

The Court considered the circumstances relevant to the request, including the petitioners’ lack of criminal antecedents, the seizure of the alleged hunting instruments and weapons, and their undertaking to cooperate with the investigation.

No precedent was cited.

The petitioners were implicated on the basis of statements made by accused Nos. 1 and 2, while the weapons and other instruments allegedly used for hunting had already been seized.

The Court also noted that the petitioners had no criminal antecedents and had undertaken to cooperate with the investigation.

On those facts, it considered anticipatory bail appropriate, subject to conditions ensuring the petitioners’ participation in the investigation and trial and preventing interference with witnesses or further similar offending

Conditions included appearing before the Investigating Officer within 15 days, executing a personal bond of ₹1,00,000 each with two sureties for the like sum, attending court unless exempted, cooperating with the investigation, not tampering with prosecution witnesses, and not engaging in similar offences.