1 2025:CGHC:26533 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4709 of 2025 1 - Jawahir S/o Sitaram Aged About 45 Years R/o Tatiadhar, Thana- Sanaval, District Balrampur-Ramanujganj, Chhattisgarh. 2 - Nanju @ Nanhku Singh S/o Budhan Aged About 34 Years R/o Tatiadhar, Thana- Sanaval, District Balrampur-Ramanujganj, Chhattisgarh. 3 - Hiralal S/o Bhagwan Das Aged About 40 Years R/o Tatiadhar, Thana- Sanaval, District Balrampur-Ramanujganj, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Forest Range Officer, Forest Range Krishnanagar (Dhamni), District Balrampur-Ramanujganj, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Sangeet Kumar Kushwaha, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/06/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 grant of regular bail to the applicants who have been arrested in connection with Crime No. 21991/06 registered at Police Station Forest Range Officer, Forest Range Krishnanagar (Dhamni), District Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 9, 39, 39(a), 39(3), 40, 42, 44, 50, 51, 52 of Wild Animals (Protection) Act, 1972. 2. Case of the prosecution, in brief, is that it is seen prima facie case of illegal hunting of wild animal Nilgai was found in the forest compartment number P 865, a place called 'Pawarikhoncha' under Forest Range Dhamni (Krishnanagar), hence, it was investigated. When the involvement of applicants were found in the investigation, a crime was registered and they were arrested. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and he has been falsely implicated in offence in question. He further submits that one of the identically situated co-accused, namely, Ramlahkhan has already been granted bail by this Court vide order dated16.06.2025 in MCRC No.4497/2025. The applicants are in jail since 13.04.2025, the applicants have no criminal antecedents, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant is alleged to have involved in illegal hunting of wild animal Nilgai, therefore, they 3 are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the documents appended with the bail application. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 13.04.2025, the fact that though the involvement of applicant was found in illegal hunting of wild animal Nilgai, but one of the co- accused persons, namely, Ramlahkhan has already been granted bail by this Court vide order dated16.06.2025 in MCRC No.4497/2025 and the case of present applicant is identical to that of the co-accused, further he has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicants are entitled to be released on bail in this case. Accordingly, the application is allowed. 7. Let the Applicants-Jawahir, Nanju @ Nanhku Singh and Hiralal, involved in CCrime No. 21991/06 registered at Police Station Forest Range Officer, Forest Range Krishnanagar (Dhamni), District Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 9, 39, 39(a), 39(3), 40, 42, 44, 50, 51, 52 of Wild Animals (Protection) Act, 1972, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in 4 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their 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 them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil