Madhya Pradesh High Court: Anand Pathak, J. directed release of the applicant on bail with sureties in the instant application filed under Section 439 of CrPC.
V.K. Saxena, counsel for the applicant submitted that it was the second application on behalf of the applicant, where it was requested to release him on bail, as the applicant was in the custody since 3 months. The contention narrated by the counsel was, that an FIR was lodged against the applicant for offence under Sections 27, 29, 50 of the Wildlife (Protection) Act, 1972, the charges were for the entry in a restricted area of Sanctuary and causing destruction. It was further stated by the counsel that the applicant was only the driver of the vehicle which was seized by the police officers and neither the owner nor his accomplices were arrested for the said offences. It was pleaded by the petitioner that due to his detention in the judicial custody, his family was facing financial distress; he further submitted that any other stringent conditions may be imposed over him but his confinement was not justified on the part of his family.
Learned counsel for the respondent-State opposed the prayer and prayed for dismissal of the application because the offence had been committed against the motherland.
The Court considered the tender age of the applicant and observed that he had no criminal antecedents and granted bail to the applicant with conditions and sureties. [Vivek v. State of M.P., 2019 SCC OnLine MP 1069, decided on 30-04-2019]