Pre-arrest bail in wildlife offence granted where material did not prima facie link the applicant to the alleged seizure.

Pre-arrest bail was granted in a prosecution under the Wild Life (Protection) Act, 1972 because the available material did not prima facie connect the applicant to the alleged offence. The alleged seizure arose from premises where he was not shown to be the owner or licensee, and his role was limited to attesting the leave and licence document as a witness. The Court noted that the seized animals had already been secured and relocated, and any risk of interference with evidence or witnesses could be addressed through suitable conditions, justifying discretionary protection against arrest.

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Issues: (i) Whether the applicant made out a case for grant of pre-arrest bail in a prosecution under the Wild Life (Protection) Act, 1972.

Analysis: The alleged recovery related to wildlife species seized from premises where the applicant was not shown to be the owner or licensee. The records indicated that he had only attested the leave and licence document as a witness. The material placed before the Court did not prima facie establish his involvement in the offence. The seized animals had already been taken into custody and relocated as required by law, while the apprehension of interference with evidence or witnesses could be met by suitable conditions.

Conclusion: Pre-arrest bail was granted to the applicant.

Final Conclusion: The prosecution was not able to dislodge the applicant's entitlement to discretionary protection against arrest, and conditional liberty was directed in his favour.

Ratio Decidendi: Where the available material does not prima facie connect the applicant to the alleged wildlife offence and custodial protection can be secured by conditions, pre-arrest bail may be granted.

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