1 2025:CGHC:40944 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5916 of 2025 Manohar Yadav S/o Faguva Yadav Aged About 50 Years Caste- Raut, R/o Village- Onkarband, Police Station - Khallari, Tahsil - Bagbahara, District - Mahasamund (C.G.) ... Applicant versus State Of Chhattisgarh Through Assistant Range Forest Officer Bagbahara, District- Mahasamund (C.G.) ... Respondent For Applicant : Shri Kripesh G. Kela, Advocate For Respondent/State : Shri Malay Jain, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/08/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with P.O.R. No.19942/01 registered at Forest Range Bagbahara for the offence punishable under Sections 9, 39(1), 44, 49, and 51 of Wildlife GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.14 18:35:05 +0530 2 Protection Act. 2. Case of the prosecution, in brief, is that unknown person illegally hooked 11000 KV high voltage electric pole and spread about 1 kilometer of wire in the open dense forest for hunting in the Kaksha No. PF 182, Campus South Khallari within Forest Range Office, Bagbahara, due to which one wild pig, one bison and one leopard died. 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the case and nothing incriminating has been seized from the possession of applicant, from the possession of the applicant GI Wire 700 grams, Mouse Trap and plastic wire has been seized, these articles are found in house of every farmer, the house of the applicant is situated in Village Onkarbandh which is situated near the Bagbahara Forest Area. He would further submit that the applicant has not killed any wild animal and therefore offence is not made out against the applicant. He would submit that the charge sheet has been filed in this case and the applicant is in jail since 21/04/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, period of detention of the applicant since 21/04/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its 3 conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Manohar Yadav, involved in P.O.R. No.19942/01 registered at Forest Range Bagbahara for the offence punishable under Sections 9, 39(1), 44, 49, and 51 of Wildlife Protection Act, be released on bail on his furnishing a 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 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri