1 2025:CGHC:25866 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4654 of 2025 Sanjay Singh S/o Punarwasi Aged About 25 Years R/o Tatiadhar, Thana- Sanaval, District- Balrampur- Ramanujganj (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station- Forest Range Officer, Forest Range Krishnanagar (Dhamni), District- Balrampur-Ramanujganj (C.G.) ... Non-applicant For Applicant : Ms. Priya Kaiwart, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.06.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 21991/06 registered at Police Station Forest Range Krishnanagar (Dhamni), District Balrampur - Ramanujganj (C.G.), for the offences punishable under Sections 9, 39, 39(A), 39(3), 40, 42, 44, 50, 51, 52 of the Wild Animals (Protection) Act, 1972 Chhattisgarh. 2. As per the prosecution story in brief, a prima facie case of illegal ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.06.20 11:19:10 +0530 2 hunting of a wild animal (Nilgai) was found in Forest Compartment No. P-865, at a place called Pawarikhoncha Forest under Dhamni (Krishnanagar) Range. Consequently, the matter was taken up for investigation. During the investigation, the involvement of the applicants was found, following which a crime was registered against them, and they were arrested. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. She submits that other co-accused person, namely, Ramalhkhan vide orders dated 16.06.2025 in MCRC No. 4497 of 2025, Suresh Ravi and Motilal Ravi vide order dated 16.06.2025 in MCRC No. 4492 of 2025 have already been granted regular bail by this Court. Therefore, she submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the case diary is not available in the present case. 5. I have heard learned counsel for the parties. 6. Taking into consideration the facts and circumstances of the case as the co-accused person, namely, Ramalhkhan vide orders dated 16.06.2025 in MCRC No. 4497 of 2025, Suresh Ravi and Motilal Ravi vide order dated 16.06.2025 in MCRC No. 4492 of 2025 have already been granted regular bail by this Court and the applicant has been in jail since 13.04.2025, conclusion of the trial may take some more time, therefore, this Court is of the view that the present 3 applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Sanjay Singh, involved in Crime No. 21991/06 registered at Police Station Forest Range Krishnanagar (Dhamni), District Balrampur - Ramanujganj (C.G.), for the offences punishable under Sections 9, 39, 39(A), 39(3), 40, 42, 44, 50, 51, 52 of the Wild Animals (Protection) Act, 1972 Chhattisgarh, 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 4 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. 8. 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 Abhishek