01Facts
The applicants were arrested in connection with a Forest Department case alleging the illegal hunting of a Chital and offences under the Wild Life (Protection) Act, 1972.
¶ 1–4Meat and other articles were allegedly seized from co-accused Kamleshu Patel, whose memorandum statement implicated the applicants and stated that the meat had been distributed among them.
¶ 1–4No incriminating article was recovered from the applicants.
¶ 1–4Two co-accused had been granted bail; Maniram had one theft-related antecedent, while Ganpat had none.
¶ 1–4The applicants sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
¶ 102Issues
i.1. Whether the applicants should be granted regular bail in light of the allegations, the material collected against them, and the circumstances of the case.
¶ 3–6ii.2. Whether the applicants’ circumstances, including the bail granted to co-accused and their respective criminal antecedents, support release on bail.
¶ 3–603Law Applied
The application was considered under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which empowers the High Court to grant bail.
¶ 1, 6In exercising that discretion, the Court considered the nature and gravity of the alleged offences, the material linking the applicants to the alleged conduct, the circumstances of co-accused who had obtained bail, and the applicants’ criminal antecedents.
¶ 1, 6The alleged offences were under Sections 2(16), 9, 39(1), 39(3), 44, 50, 51(1), 51(2) and 52 of the Wild Life (Protection) Act, 1972.
¶ 1No precedent was cited.
Provisions in the judgment · 8 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483
Wild Life (Protection) Act, 1972 Section 2Section 9Section 39Section 44Section 50Section 51Section 52
04Reasoning
The Court found that the alleged meat and other articles had been seized from a co-accused, not the applicants, and that the applicants’ implication rested primarily on that co-accused’s memorandum statement.
¶ 6It also considered that two co-accused had already been granted bail on similar allegations.
¶ 6Although Maniram had one criminal antecedent, Ganpat had none; on the overall circumstances, the Court concluded that both applicants were entitled to bail, without expressing any view on the merits.
¶ 605Holding
The Court allowed the bail application.
¶ 7It directed that the applicants be released upon executing personal bonds of ₹50,000 each with one surety each in the like amount, to the satisfaction of the trial Court.
¶ 7They must not intimidate or influence persons acquainted with the case facts, must not prejudice a fair and expeditious trial, and must attend each trial-court hearing until disposal of the case.
¶ 7Original Court PDF
MANIRAMvsSTATE OF CHHATTISGARH
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