ABA/73/2023 of RAJU MAJUMDAR Vs STATE OF UTTARAKHAND THROUGH SECRETARY HOME, DEHRADUN

HIGH COURT OF UTTARAKHAND AT NAINITALFirst Anticipatory Bail Application No. 73 of 2023

Raju Majumdar

...Applicant

Versus

State of Uttarakhand

...Respondent

Present:-

Mr. Manoj Joshi, Advocate for the applicant. Mr. Lalit Miglani, A.G.A. with Ms. Sonika Khulbe, Brief Holder for the State.

Hon’ble Ravindra Maithani, J. (Oral)

Applicant Raju Majumdar seeks anticipatory bail

in Case Crime No. 210 of 2022, under Section 48A, 51, 9 of the Wild life (Protection) Act, 1972, P.S. Dineshpur, District Udham Singh Nagar.

2. Heard learned counsel for the parties and perused the record.

3. According to the FIR, on 26.12.2022, 293 turtles were recovered from the co-accused. It is they, who revealed that the applicant is also involved in the case.

4. State was required to file objections. It has not been filed.

5. Learned counsel for the applicant would submit that the co-accused, from whose possession the turtles were recovered, have already been granted bail; the applicant was

earlier involved in two cases, in which he is already out on bail.

6. These facts are not denied to the learned State

Counsel.

7. Having considered the entirety of facts, this Court is of the view that this is case fit for anticipatory bail.

8. The anticipatory bail application is allowed.

9. In the eventuality of arrest, the applicant shall be enlarged on anticipatory bail subject to his furnishing personal bond with two sureties, each in the like amount, to the satisfaction of the Investigating Officer (“IO”). In addition to it, the applicant shall also comply with the following conditions:

(i) The applicant shall co-operate with the investigation. investigation.

(ii) The applicant shall not approach any witness, in any manner, whatsoever. witness, in any manner, whatsoever.

(iii) The applicant shall not leave the country without prior permission of the concerned court. country without prior permission of the concerned court.

(iv) The applicant shall deposit his passport with the IO. The passport may only be returned by the order of the court concerned. In case the applicant passport with the IO. The passport may only be returned by the order of the court concerned. In case the applicant

Avneet/

does not have passport, he shall give an undertaking to that effect to the IO.

(v) The applicant shall also give an undertaking on (i), (ii) & (iii) above.

(Ravindra Maithani, J.)

29.03.2023