1 2025:CGHC:6883 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 356 of 2025 1 - Kanhaiya Dhanwar S/o Jagatram Dhanwar Aged About 26 Years R/o Village - Punjipthara, Ps - Punipathara, Distrrict Raigarh (C.G.). 2 - Ghasiyaram Banjara S/o Tetkuram Banjara, Aged About 43 Years R/o Tibhaudih, Ps - Punjipathara, District Raigarh (C.G. 3 - Shrawan Chouhan S/o Shoukilal Chouha Aged About 25 Years R/o Kachkoba Ps- Tamnar, District Raigarh (C.G.). 4 - Shiv Chouhan S/o Kanshiram Chouhan, Aged About 27 Years R/o Kamraga Ps And Tahsil - Lailunga, District Raigarh (C.G.). ... Applicant(s) versus State Of Chhattisgarh Through Forest Range Officer, Tamnar, District Raigarh (C.G.). ... Non-Applicant(s) For Applicant(s) : Mr. Aditya K. Mishra holding the brief of Mr. Ashutosh Mishra, Advocate. For Non-Applicant(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/02/2025 1. This is the first bail application filed under Section 483 of the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with P.O.R. No. 4904/2017 registered at Forest Range OfÏce Tamnar, District Raigarh (C.G.) for the offence punishable under Sections 9 and 51 of Wild Life Protection Act, 1972. 2. Case of the prosecution, in brief, is that on 06.12.2024, the forest guard of Punjipathara received a tip from an informant that some people were hunting and cutting wild boar meat in a rented house of Ramprasad Dhawar in the village of Punjipathara. Upon receiving this information, the forest guard, along with other staff, reached the spot and caught four individuals cutting wild boar meat in a room. During interrogation, they revealed their names as Shrawan Chouhan, Kanhaiya Dhanwar, Ghasiyaram Banjara, and Shiv Chouhan, and admitted to hunting the wild boar in the Punjipathara jungle. Approximately 50 kg of wild boar meat, along with tools for cutting meat and a 1 kg weight, were seized from their possession. Thereafter, the offence has been registered against the applicants. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that there is no any seizure made from the present applicants, furthermore, there is no evidence to show the involvement of applicants in the case, only on the basis of mere suspicion present applicants have made accused. The applicants are in jail since 07.12.2024, the applicants have no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for 3 grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that applicants are involved in a case of hunting and cutting wild boar meat in a rented house of Ramprasad Dhawar in village Punjipathara, further there is recovery of 50 kg of wild boar meat from the possession of applicants and the applicant No.1 has two criminal antecedents of Istagashas and applicant No.3 has one criminal antecedent under the IPC, therefore, the applicants are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 07.12.2024, the fact that though the applicants are involved in a case of hunting and cutting wild boar meat in a rented house of Ramprasad Dhawar in village Punjipathara, but applicants No.1, 2 and 4 have no criminal antecedent and applicant No.3 has only one criminal antecedent, which is under the IPC, further charge-sheet has been filed in the present case, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. 7. Let the Applicants- Kanhaiya Dhanwar, Ghasiyaram Banjara, Shrawan Chouhan and Shiv Chouhan, involved in P.O.R. No. 4904/2017 registered at Forest Range OfÏce Tamnar, District Raigarh (C.G.) for the offence punishable under Sections 9 and 51 4 of Wild Life Protection Act, 1972, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicants are deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 5 8. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil