1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO.925 OF 2010. KERU RAJGOND @ KERU @ KERU ADIWASI @ CHAKKULAL DHURVE S/O CHHIYALAL VS CENTRAL BUREAU OF INVESTIGATION. ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri R. M. Daga Advocate for the applicant. Shri S. B. Ahirkar, Advocate Special Standing Counsel for CBI. CORAM : A.H. JOSHI, J. DATE : 27th JULY, 2010. 1. This is an application under Section 439 of Criminal Procedure Code for bail. 2. Initially, the offence was registered on 6-11-2009 in which name of applicant was not shown as accused. 3. The applicant was arrested on 15-11-2009 and he is in Magisterial Custody since 16-11-2009. 4. The applicant herein is named as an accused in the supplementary chargesheet filed by the Central Bureau of Investigation. 2 5. According to the prosecution, various incriminating material pertaining to Wildlife was recovered from all other accused persons. No such recovery is done from the present applicant. 6. Heard parties. 7. Perused the “Calender of Evidence” collected by the Central Bureau of Investigation on the basis of which a chargesheet has been filed. 8. The grounds raised for release on bail are :- (a) No incriminating material is recovered from the applicant. (b) All that is alleged against the applicant is that he is one of the member of group of criminals undertaking trade and trafficking in contraband pertaining to wild life, but no evidence whatsoever is available with the prosecution. (c) Offence is triable by Magistrate, and the accused is in Magisterial Custody 3 Remand since more than one year. (d) No offence whatsoever is either described or made out against the present applicant. 9. The bail application is strongly opposed. 10. In order to explore the material which the prosecution has against the present applicant, this Court has called upon the learned Special Counsel for CBI Mr. Ajhirkar to describe the evidence which prosecution has. 11. Learned Standing Counsel for C.B.I Mr. Ahirkar has addressed the Court urging that:- (a) Present applicant was found to be one amongst those who had visited other accused persons. (b) Cell Phone hand set was recovered from the possession of the applicant however, data therein has not been retrieved. However, it believes that it contains Cell numbers of the other accused persons. 4 (c) The diary belonging to accused namely Charandas accused no.1 in which the Cell number of the present applicant is mentioned, was recovered from accused No.1. (d) The statement of one of the witnesses recorded by CBI namely Smt. Sarla Devi W/o late Kewal Kaishan Vaid who states that the accused Kasim Keshri was her tenant and he used to possess the contraband wild life material and present applicant used to visit his place to meet accused Kasim Keshri. 13. Learned Standing Counsel for CBI admits that there is no other material in the hands of the prosecution save and except those narrated above. 14. The material shown by Learned Standing Counsel noted herein before, is too general to constitute any offence whatsoever much less offence under Section 120-B of I.P.C. r/w Section 49 and 49-B and Section 61 of Wild Life Protection Act. 5 15. In the result, at this stage, it would not be possible to believe that the applicant is involved in commission of offence subject matter. 16. This application is therefore, allowed, as follows:- (a) The applicant be released on bail on furnishing pesonal bond and solvent surety in a sum of Rs.30,000/- with one surety or two sureties in said sum. (b) During bail, the applicant shall reside at Ballarsha, and shall not leave Ballarsha without the prior permission of the Judge trying the case, except for attending the dates fixsed by the Court at Nagpur. (c) He shall furnish on affidavit his present address and mobile or land telephone number within 7 days on record of the Court. Judge //mule//