JOGI NATH ALIAS JONI SINGH, Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-4-82
HIGH COURT OF UTTARAKHAND
Decided on April 04,2012

Jogi Nath Alias Joni Singh, Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

U.C. Dhyani, J. - (1.) HEARD learned counsel for the parties. The allegation against the applicants Jogi Nath alias Joni Singh, Raj Nath, Jai Nath and two others is that two dead Mongooses and two dead Weasels (Bijjus) were recovered from the possession of Mintu Nath and Resh Pal Nath (non applicants) when they were intercepted by the officials of Forest Department on 22.02.2012, in the evening at Shimla Bypass Road. Accordingly, they were challaned under the Wild Life (Protection) Act, 1972.
(2.) THE main contention of the counsel appearing on behalf of the applicants is that these Mongooses and Weasels were not recovered from the applicants Raj Nath, Jogi Nath alias Joni Singh and Jai Nath. According to the recovery memo, Mongooses and Weasels were recovered from the possession of co -accused Mintu Nath and Resh Pal Nath (non applicants). Mongooses and Weasels have been mentioned in Schedule II Part II of the Wild Life (Protection) Act, 1972. It is also submitted on behalf of the applicants that the alleged recovered dead animals are easily available at any village site. It is mentioned in paragraph 14 of the bail application that the applicants have no previous criminal history. Nothing was recovered from the possession of the present applicants, either wild animal or any weapon. They are in jail since 22.02.2012. Without expressing any opinion on the merits of the case, a case of bail is made out. Let the applicants Jogi Nath alias Joni Singh, Raj Nath and Jai Nath be released on bail on executing a personal bond by each one of them and, on furnishing two sureties, each of like amount, for each one of them, to the satisfaction of the Magistrate concerned.;


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