1 2025:CGHC:2791 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 406 of 2025 1. Indal Yadav S/o Late Shri Baliram Yadav Aged About 28 Years R/o Village - Daldali, Thana - Basna, Distt. - Mahasamund Chhattisgarh 2. Hridaylal Yadav S/o Shri Bhagwatiya Yadav Aged About 21 Years R/o Village - Charpali, Thana - Sarsiwa, Distt. - Sarangarh-Bilaigarh Chhattisgarh 3. Bhojprakash Yadav S/o Saheb Lal Yadav Aged About 20 Years R/o Village - Charpali, Police Outpost - Beladula, Thana - Sarsiwa, Distt. - Sarangarh-Bilaigarh Chhattisgarh 4. Jeevan Yadav S/o Shri Nirmal Yadav Aged About 25 Years R/o Village Charpali, Police Outpost - Beladula, Thana - Sarsiwa, Distt. - Sarangarh-Bilaigarh Chhattisgarh ... Applicants versus The State of Chhattisgarh Through Station House OfÏcer - Kasdol, Distt. - Balodabazar-Bhatapara Chhattisgarh ... Non-applicant For Applicants : Mr. Sumit Shrivastava, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.01.2025 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 applicants who have been arrested in connection with Crime No. 544/2024 registered at Police Station Kasdol, District Balodabazar-Bhatara (C.G.), for the offence punishable under Sections 2, 9, 50, 51 and 52 of the Wild Life Protection Act, 1972, Section 25 and 27 of the Arms Act and Section 4 and 5 of the Explosive Act. 2. The prosecution's story, in brief, is that the complainant, a Forest Ranger from the Sonakhan Forest Range, lodged a report at the Kasdol Police Station on November 9, 2024. The report stated that on November 8, 2024, forest ofÏcers on patrol duty spotted six individuals on a motorcycle with a revolver (Bharmar Banduk) attempting to hunt wildlife at the Arjuni range. According to the report, the forest ofÏcers apprehended two individuals, while four others escaped. Based on this report, the police registered the offense and arrested applicants 1 and 2, recording their statements and filing a charge-sheet after completing the investigation. 3. Learned Counsel for the applicants submits that the present applicants have been falsely implicated in this case as they did not hunt any wildlife. They were implicated solely because they were found in the Arjuni forest range in the evening, carrying arms. He 3 further submits that the police failed to properly investigate the matter and filed a charge-sheet, despite the applicants not committing any wildlife offense. They were traveling from one village to another at night and carried the revolver (Banduk) for protection against forest animals. He further submits that the present applicants have no criminal antecedents and they are in jail since 10.11.2024 and 07.12.2024 respectively, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned counsel for the State, opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. 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 and gravity of allegation levelled against the present applicants and the fact that the applicants have no criminal antecedents, moreover, the charge-sheet has been filed before the competent Court and they have been in jail since 10.11.2024 and 07.12.2024 respectively, conclusion of the trial may take some more time, therefore, this Court is of the view that the present applicants are entitled to be released on bail in this case. 7. Let the applicants – Indal Yadav , Hridaylal Yadav, Bhojprakash Yadav and Jeevan Yadav, involved in Crime No. 544/2024 registered at Police Station Kasdol, District Balodabazar-Bhatara 4 (C.G.), for the offence punishable under Sections 2, 9, 50, 51 and 52 of the Wild Life Protection Act, 1972, Section 25 and 27 of the Arms Act and Section 4 and 5 of the Explosive Act, be released on bail on 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 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 sufÏcient 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 applicants fail 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, 5 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 sufÏcient 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. OfÏce 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 ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.17 11:16:10 +0530