1 2025:CGHC:21432 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 675 of 2025 Mukesh Sukhwani S/o Prakashchand Sukhwani Aged About 50 Years R/o Near Sai Baba Mandir, Itwari Bazar, Dhamtari, Tahsil And District - Dhamtari (C.G.) ... Applicant versus State Of Chhattisgarh Through - Forest Range Officer, District Forest Office, Dhamtari (C.G.) ... Respondent(s) For Applicant : Shri Saurabh Dangi, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08/05/2025 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 Crime No.1704/2012 registered at Police Station – Forest Range Officer, District Forest Office, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.09 18:51:07 +0530 2 Dhamtari (C.G) for the offences punishable under Sections 9, 39 and 51 of the Wildlife Protection Act, 1972. 2. According to the prosecution story, applicant, owner of a grocery store in Sadar Bazar Dhamtari, was involved in efforts to trim a damaged branch of an old Peepal tree near the store. The branch was hanging over a busy road, posing a risk to public safety. After consulting with other affected businessmen and the Nagar Nigam, it was decided to hire a professional arborist to trim the branch. The decision to trim the branch was made after a survey and consultation with the Nagar Nigam and businessmen. The electricity department (CSEB) was involved to ensure safety, and the power was cut off before trimming began. During trimming, nests and dead birds (Indian Cormorant, a protected species) were found, and the work was immediately stopped. On 20/12/2023 at 1:00 PM the Veterinary Hospital conducted a postmortem of the deceased Cormorant birds and on 21/12/2023 the forest department went to Loharsi and seized (1 NAG CUTTER MACHINE) from one Khomeshwar Sahu S/o Ghanshyam Sahu, Mukesh Vishkarma S/o Jagdev Vishkarma, and Hulas Dewangan all are residents of Loharsi, District-Dhamtari. 3. Learned counsel for the applicant submits that the applicant is innocent and he has not committed any offence. He would submit that the applicant has one grocery shop in Sadar Bazar at Dhamtari and there was one peepal tree in front of shop, in that tree Indian Cormorant birds of schedule II were there, when the tree was trimmed the birds fell on the electric wire and 28 birds died, labourers trimmed the tree and he was not having knowledge that birds were in the tree. He would submit that FIR is against the four persons and three persons have been granted regular bail by the court below. He would submit that trimming of the tree 3 was carried out after proper consultation and inspection by Nagar Nigam and electricity department officials. At the time of action neither the applicant nor any involved person was aware of the presence of nests or birds, particularly the Indian Cormorant. He would submit that applicant has no previous criminal record, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, considering the fact that applicant was a owner of a grocery store and the peepal tree was in front of his shop which was trimmed after consultation with the Nagar Nigam and businessmen of the area, when the tree was trimmed the birds fell on the electric wire and birds died and also considering the fact that FIR is against the four persons and three persons have been granted regular bail by the court below, this Court find it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Mukesh Sukhwani, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. 4 (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri