1 2025:CGHC:31681 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4060 of 2025 1 - Indraraj S/o Sakhram @ Sataram, Gond Aged About 29 Years R/o Villege Deutarai, P.S. And Distt Balod (C.G.) 2 - Kirtan Ram S/o Kaliram Gond Aged About 49 Years R/o Malgaon, Tehsil And Distt. Balod (C.G.) ... Applicants versus 1 - State Of Chhattisgarh Through Forest Circle Office Balod Ps And District Balod (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Rajeev Kumar Shrivastava, Advocate For Respondent/State : Mr. Hariom Rai, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/07/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, as they were arrested in connection with Forest Crime No.- POR 150/04 registered at Police Station – Forest Circle Office Balod, District – Balod (C.G.) for the offence VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 punishable under Sections 51(1) Exception 52 r/w 9 Wild Life Protection Act and Section 2(16) A, B.C. of BNS. 2. The case of the prosecution, in brief is that on 25.02.2025 forest Circle Balod received information that a dead body of bear is found in Nainkinkua area and before cremation of body, some body parts were removed by accused persons. In this regard a case has been registered by concerned forest department and accused persons are arrested. 3. The learned counsel for the applicant submits that the applicants have been falsely implicated in the present case. He further submits that no recovery has been made from the present applicants and nothing has been collected by forest department against the present applicants to connect them in the present offence. He further submits that applicants have no previous antecedents. The applicants are in jail since 28.04.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that dead body of bear is found in Nainkinkua area and before cremation of body, some body parts were removed by accused persons therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants, particularly considering the fact that the applicants have no previous criminal antecedents, therefore, this Court is of the view that the applicants are entitled to be released on bail in this case 7. Let the Applicants – Indraraj and Kirtan Ram, involved in Forest Crime No.- POR 150/04 registered at Police Station – Forest Circle Office Balod, District – Balod (C.G.) for the offence punishable under Sections 51(1) Exception 52 r/w 9 Wild Life Protection Act and Section 2(16) A, B.C. of BNS, be released on bail on his furnishing 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, 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 4 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/ Sd/- (Ramesh Sinha) Chief Justice vaishali