1 2025:CGHC:43991 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6391 of 2025 • Dharamdas Manikpuri S/o Shri Pitambar Das Aged About 35 Years R/o Village- Kenda Belgahna, Police Outpost- Belgahna, Police Station- Kota, District Bilaspur C.G. ... Applicant versus • State Of Chhattisgarh Through Forest Ranger, Forest Range- Belgahna, District- Bilaspur C.G. ... Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. Surfaraj Khan, Advocate. For State/Non-applicant : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.08.2025 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.14637/2023 registered at Police Station Forest Range, Belgahna, District Bilaspur (C.G.) for the offence punishable under Sections 33(1)A,C,F & 52 of the Indian Forest Act, 1927, Section 3 of the Prevention of Damage to Public Property Act, 1984 and Section 2 of the Forest Conservation Act, 1980 and Sections 3, 55 & 58 of the DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA 2 Biological Diversity Act, 2002. 2. The prosecution story, in brief, is that on 04.07.2025, Forest Ranger Belgahna received secret information that some unknown persons are cutting down the trees and when Forest Ranger reached on the spot, he found that 33 pieces of wood stock has already cut down by the present applicant, which cause a loss of Rs.3,72,540/- to the Government. Thereafter, Forest Ranger, Belgahna registered a criminal case against the present applicant as P.O.R. No.14637/2023 and he has been arrested on 04.07.2025. 3. Learned counsel for the applicant submits that present applicant is innocent and has been falsely implicated in crime in question. He further submits that applicant has not committed any such offences and only on the basis of mere suspicion he has been arrested. It is further submitted that he is the only bread earner for his family and he is in jail since 04.07.2025 and 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, the learned counsel for the State opposes the bail application and submits that though, there is no any criminal antecedent of the applicant, but he caused loss to the government by cutting the trees, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. After hearing the submissions advanced by learned counsel for the parties as well as the fact that applicant is the only bread earner in his family, further considering the fact that there is no any criminal antecedent registered against the applicant and also considering that 3 he is in jail since 04.07.2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case 7. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Dharamdas Manikpuri, involved in Crime No.14637/2023 registered at Police Station Forest Range, Belgahna, District Bilaspur (C.G.) for the offence punishable under Sections 33(1)A,C,F & 52 of the Indian Forest Act, 1927, Section 3 of the Prevention of Damage to Public Property Act, 1984 and Section 2 of the Forest Conservation Act, 1980 and Sections 3, 55 & 58 of the Biological Diversity Act, 2002, be released on bail on 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice