Heard learned counsel for the applicant, learned A.G.A. for the State. The accused Prem Pal Kashyap is involved and detained in R.C. No. 14 of 20092010, under Sections 9,49B,51,52 Wild Life Protection Act and 26 Indian Forest Act, Range Palia Police Station Sampoorna Nagar, District Kheri.
The submission of the learned counsel for the accused applicant is that as per prosecution case accused no. 1 Uttam Kumar Mishra resident of village Paraspur police station Sampoorna Nagar district Kheri was arrested by the officers of the Forest Department. He was said to have been found in possession of skin of tiger. He is said to have made a confessional statement that the accused applicant ran away from the spot. In this way the only evidence against the accused applicant is of confessional statement of co accused. No incriminating article was recovered from the possession of the accused applicant, therefore, he deserves to be released on bail. Learned A.G.A opposed the prayer for bail and argued that coaccused Uttam Kumar Misrha made confessional statement before the Forest Department official who is admissible in evidence in this way. There is prima facie evidence against the accused applicant that he along with other accused killed the tiger.
Considered the submission of the learned counsel for the applicant and the learned Additional Government Advocate, and keeping in view the facts of the case, without expressing any opinion on the merits of the case, applicant may be released on bail.
Let applicant Prem Pal Kashyap be released on bail in aforesaid case crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned. Order Date :- 21.6.2010 Amit