1 2025:CGHC:17678 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2528 of 2025 1. Baldev S/o Dashrath Singh Aged About 50 Years R/o Indrapur, P.S. Vijaynagar And Tahsil - Ramanujganj, Distt.- Balrampur- Ramanujganj (C.G.) 2. Govardhan Korva @ Rakesh Korva S/o Ramlakhan Korva Aged About 37 Years R/o Indrapur, P.S. Vijaynagar And Tahsil - Ramanujganj, Distt.- Balrampur- Ramanujganj (C.G.) ... Applicant versus State of Chhattisgarh Through Forest Circle OfÏcer, Forest Range Ramanujganj District - Balrampur - Ramanujganj (C.G.) ... Non-Applicant For Applicant : Mr. Rahul Mishra, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 17/04/2025 1 Proceedings of this matter have been taken through video conferencing. 2 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Forest Crime No. 21962/01, registered at Police Station – Forest Circle PREETI KUMARI Digitally signed by PREETI KUMARI 2 OfÏcer, Forest Range Ramanujganj District - Balrampur - Ramanujganj (C.G.) for the offence punishable under Sections 2, 9, 50, 51, 52 of the Wild Life (Protection) Act, 1972. 3 The case of the prosecution, in brief, is that, on 19.12.2024 the present applicants allegedly caused the death of an elephant in Van Khand Chiniya by electrocution, resulting in the registration of a crime against them as mentioned above. On 02.01.2025 the applicants have been arrested and after completion of the investigation the charge-sheet has been filed. 4 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the co-accused, namely, Parmeshwar Singh and Hari Singh have already been granted bail by this Court vide order dated 06.03.2025 passed in MCRC No. 940/2025. He also submits that the applicant has no previous criminal antecedents and the charge-sheet has been filed and the applicant is in jail since 02.01.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays grant of bail to the applicant on the ground of parity. 5 On the other hand, the learned State counsel opposes the bail application of the applicant but could not dispute the fact that the co-accused persons have already been granted bail by this Court and the case of the present applicant is identical to that of the co-accused persons. 6 I have heard learned counsel for the parties and perused the documents available on record. 7 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the 3 fact that the co-accused, namely, Parmeshwar Singh and Hari Singh have already been granted bail by this Court vide order dated 06.03.2025 passed in MCRC No. 940/2025, further the applicant has no previous criminal antecedents and the charge-sheet has been filed and he is in jail since 02.01.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8 Accordingly, the bail application is allowed. Let the applicant Nos. 1 and 2- Baldev and Govardhan Korva @ Rakesh Korva, involved in Forest Crime No. 21962/01, registered at Police Station – Forest Circle OfÏcer, Forest Range Ramanujganj District - Balrampur - Ramanujganj (C.G.) for the offence punishable under Sections 2, 9, 50, 51, 52 of the Wild Life (Protection) Act, 1972, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he 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 applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, 4 proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant 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 applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9 Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti