1 2025:CGHC:36925 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5914 of 2025 • Dhanurjay S/o Jacsan Aged About 40 Years R/o Village Chitapadar, P.S. Parpa District Bastar C.G. ... Applicant versus • State Of Chhattisgarh Through The Forest Range Officer Machkote District Bastar C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Pravin Kumar Tulsiyan, Advocate For Respondent/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/07/2025 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.167809/21 registered at Police Station- Forest Range Officer, Machkote District-Bastar (C.G.) under Sections 2(16), 2(20), 39(3), 50, 51, 52 of the Wildlife Protection Act, 1972. 2. Case of the prosecution is in a nutshell that, on 06.05.2025, the Forest Officers at Machkote received confidential information that illegal hunting of deer had been carried out and that meat had been VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.31 10:56:53 +0530 2 stored in a house located within the Reserve Forest area falling under compartment No.P.F 1817 of 1157. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. He further submits that there is no evidence alongwith the complaint filed by the department to established that the present applicant has hunted to the deer. He also submits that applicant has no criminal antecedent and he is in jail since 10.05.2025, the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that applicant has no criminal antecedent but looking to the conduct of the applicant he is not entitled for grant of bail. 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 and considering the fact that there is no evidence alongwith the complaint filed by the department to established that the present applicant has hunted to the deer, applicant has no previous criminal antecedent, trial is likely to take some time for its conclusion, he is in jail since 10.05.2025, looking to the detention period of the applicant, this Court is of the view that the applicant is entitled to be released on bail in this case 7. Let the Applicant – Dhanurajay, involved in P.O.R No.167809/21 registered at Police Station-Forest Range Officer, Machkote District- Bastar (C.G.) under Sections 2(16), 2(20), 39(3), 50, 51, 52 of the Wildlife Protection Act, 1972, be released on bail on his furnishing 3 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 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 vaishali