Laxman Singh Bisht Vs State of Uttarakhand

Uttarakhand High Court 24 Aug 2011 1st Bail Application No. 673 of 2011 (2011) 08 UK CK 0120
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

1st Bail Application No. 673 of 2011

Hon'ble Bench

Prafulla C. Pant, J

Final Decision

Allowed

Acts Referred
  • Forest Act, 1927 - Section 26
  • Wild Life (Protection) Act, 1972 - Section 17, 2, 39, 48, 50

Judgement Text

Translate:

Prafulla C. Pant, J.@mdashHeard.

2. Applicant Laxman Singh Bisht, who is in jail in connection with Case Crime/Range Case No. 04/2011-12, relating to offences punishable u/s 2/51, 17/51, 39/51, 48/51, 50/51, 51, 52 of Wild Life Protection Act, 1972 and Section 26 of Indian Forest Act, 1927, Range Munsyari, District Pithoragarh has sought his release on bail.

3. Learned Counsel for the applicant submitted that 1.750 Kg. (1Kg 750 gms.) Yarsha Gammbu (CORDYCEPS SINENSIS) is said to have been recovered from the applicant and three others. There is no public witness of the recovery. Applicant is said to have no criminal history. It is pleaded on behalf of the applicant that he had valid license to collect Yarsha Gammbu (Forest Produce) from June, 2006 to September, 2011, issued by Van Panchayat, Malla Khumti.

4. In the above circumstances, without expressing any opinion, as to the final merits of the case, this Court is of the view that applicant deserves bail.

5. The bail application is allowed.

6. Let the applicant Laxman Singh Bisht, be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Pithoragarh.

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