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2025 DAILYLAW 19286 (CHH)

DULAMANI MAHAKUR v. STATE OF CHHATTISGARH

MCRCA/579/2025 · 2025-04-25

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1 (MCRCA No. 579 of 2025) 2025:CGHC:18889 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 579 of 2025 1 - Dulamani Mahakur S/o Keshri Mahakur Aged About 34 Years R/o Village Indagaon, District Gariyaband (C.G.) --- Applicant(s) versus 1 - State Of Chhattisgarh Through The Forest Range Officer, Indagaon (Dhurwagudi), District Gariyaband (C.G.) --- Non-applicant(s) (Cause title taken from the case information system) For Applicant : Mr. Shivendu Pandya, Advocate For State : Mr. Hariom Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.04.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Forest Crime No.55/2022 registered at Forest Range, Indagaon (Dhurwagudi), District- Gariyaband (C.G.) for the offences punishable under Sections 26(1)(क) of the Indian Forest Act, ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.04.28 10:22:05 +0530 2 (MCRCA No. 579 of 2025) 1927, 3(क) of the Chhattisgarh Abhivahan (Vanopaj) Niyam, 2001 and Sections 27, 29, 31, 51, 52, 39(1)(ब)(द) of the Wildlife Protection Act, 1972. 2. Prosecution case, in brief, is that within the forest range of the Udanti Sitanadi Tiger Reserve situated at Indagaon (Dhurwagudi), District – Gariyaband (C.G.), the applicant has been found in possession of the animals and animal articles and saguan wood, which have been seized by the Forest Department from the house of the applicant, which is against the Forest Law and punishable under the law. 3. Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in the present case. He would further submit that the property has not been seized from the actual and exclusive possession of the house of the applicant neither he had any knowledge of the aforesaid property of the Forest Department. It is further submitted that the applicant is a simple villager and resides in the same village and he has not played any role in the aforesaid occurrence and if he is arrested in a fabricated case, he may suffer an irreparable loss. The applicant is ready to abide by all the directions and conditions, which may be imposed by this Court while granting anticipatory bail. Hence, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel appearing for the non- applicant oppose the grant of anticipatory bail to the applicant. 3 (MCRCA No. 579 of 2025) 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, that the allegation leveled against the applicant is grave in nature and considering the fact that the applicant has been found in illegal possession of damaged sagaun wood, horns of deer and spotted deer, remains of forest animals and equipments to catch forest animals, I am not inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the anticipatory bail application of the applicant – Dulamani Mahakur, filed under Section 482 of the BNSS, 2023 involved in Forest Crime No.55/2022 registered at Forest Range, Indagaon (Dhurwagudi), District- Gariyaband (C.G.) for alleged commission of offences punishable under Sections 26(1)(क) of the Indian Forest Act, 1927, 3(क) of the Chhattisgarh Abhivahan (Vanopaj) Niyam, 2001 & Sections 27, 29, 31, 51, 52, 39(1)(ब)(द) of the Wildlife Protection Act, 1972, is rejected. Sd/- (Ramesh Sinha) Chief Justice @d!t!