Heard learned counsel for the applicants, learned A.G.A. and perused the F.I.R. and other relevant papers filed in support of the bail application.
The submission of learned counsel for the applicants is that, as alleged, the applicants were apprehended by police in the intervening night of 18/19.12.2009 at 3:30 a.m. while they were taking away two logs of "Shesham" tree. It is further submitted by learned counsel for the applicants that the applicants are innocent and have falsely been implicated in the present case by the officers of forest department. It is also submitted that the offences so levelled against the accused-applicants are triable by magistrate. The applicants are in jail since 19.12.2009, as averred in para 7 of the bail application and has no previous criminal history, as mentioned in para 6 of the bail application.
Considering the overall aspects of the matter and without entering into the merit of the case, I hereby provide that the applicants, Ram Bhushan and Ram Dulare be released on bail in Case Crime No.751/2009, under Sections 379, 411 I.P.C., Sections 4/10 Forest Act and Sections 3/28 Transit Permit Act, P.S. Ranipur, District Behraich, on their filing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned/remand magistrate.
Order Date :- 22.1.2010 Kpy