2025:UHC:9320 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No.1321 of 2025 16th October, 2025 Ashivni Haldar --Applicant Versus State Of Uttarakhand --Respondent ---------------------------------------------------------------------- Presence:- Mr. D.P. Mittal, learned counsel for the applicant. Mr. B.N. Maulekhi, learned DAG for the State. ---------------------------------------------------------------------- Hon'ble Alok Mahra, J. Applicant Ashivni Haldar, who is in judicial custody in Case Crime/ FIR No.174 of 2025, under Sections 9/51 of Wild Life (Protection) Act, 1972, registered at P. S. Gadarpur, District Udham Singh Nagar, has sought his release on bail. 2. Heard learned counsel for the parties and perused the material available on record. 3. As per the prosecution story, on 29.06.2025, the complainant along with other police officials was on patrolling duty from Mehtosh to Ratanpura Border. During patrolling, they noticed one person, who was stopped by the police party, and upon search, 34 (small 2025:UHC:9320 2 and large) live turtles were recovered from his possession. The recovered turtles were sealed on the spot, a recovery memo was prepared, and the present applicant was arrested. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case; that, he has no past criminal history; that the recovered turtles were released in their natural habitat; and that there was no independent witness to the alleged recovery. 5. Per contra, learned counsel for the State has opposed the bail application and submitted that the applicant was found in possession of 34 turtles, which fall under Schedule I, Part II of the 5. Wild Life (Protection) Act, 1972, and that under Section 51 of the Act, the minimum sentence prescribed is three years, which may extend up to seven years. 6. Considering the overall facts and circumstances of the case, particularly that the recovered turtles have already been released into their natural habitat, and noting the absence of any independent witness to the recovery, this Court, without expressing any opinion on the merits of the case before the Trial 2025:UHC:9320 3 Court, is of the view that the present case is fit for the grant of bail. 7. The bail application is thus, allowed and the applicant is directed to be released on bail on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned. (Alok Mahra, J.) 16.10.2025 BS BALWANT SINGH Digitally signed by BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eacbf28cdf4ba7 ce8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553DE5185F418755DC0 0A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.10.16 16:33:00 +05'30'