1 2025:CGHC:48067 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7501 of 2025 Anup Yadav S/o Devki Prasad Yadav Aged About 45 Years R/o Lasunpath, P.S.- Shankargarh, District- Balrampur-Ramanujganj, (C.G.) ... Applicant versus State of Chhattisgarh Through Forest Assistant Range Officer Beat- Shankargarh, District- Balrampur-Ramanujganj, (C.G.) ...Non-Applicant For Applicant : Mr. Shakti Raj Sinha, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.09 .202 5 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with P.O.R/Crime No. 22047/2012, registered at Police Station – Forest Assistant Range Officer Beat- Shankargarh, District- Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 9, 34, 38, 39, 40, 43, 44, 48, 50, 51 and 57 of Wildlife Protection Act. 2. As per the prosecution's case, on 28.06.2025, during a joint patrol conducted by the Forest Range Shankargarh and the State Level PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.19 14:33:36 +0530 2 Flying Squad, Raipur, at around 11:30 PM, two individuals were found standing near Rajupar-Kusmi Road, Chirai (near Point P2883). Upon suspicion, a sack in their possession was searched, and 6 kg of pangolin scales (wildlife contraband) were recovered, which were intended for smuggling. The contraband was accordingly seized. In their memorandum statements, the accused Leela Ram Kujur and Lavangsa stated that the seized pangolin scales had been given to them for sale by the present applicant. Based on this information, the applicant was traced and arrested from Lahsunpath on 19.08.2025. Hence, the present offence. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that no seizure has been made from the present applicant. The entire alleged contraband i.e. pangolin scale weighing 6 Kgs, was recovered from the possession of co-accused persons Leela Ram Kujur and Lavangsai and not from the applicant. He further submitted that the bail application of the co-accused person, namely, Leela Sai Kujur has been granted bail by this Court vide order dated 11.09.2025 passed in MCRC No. 6373/2025. He also submitted that the applicant has no previous criminal antecedent. He further submitted that the charge-sheet has been filed in this case and the applicant is in jail since 19.08.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has been filed in the present case. 3 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that no seizure has been made from the present applicant and the entire alleged contraband i.e. pangolin scale weighing 6 Kgs, was recovered from the possession of co-accused persons Leela Ram Kujur and Lavangsai and not from the applicant, further the bail application of the co-accused person, namely, Leela Sai Kujur has been granted bail by this Court vide order dated 11.09.2025 passed in MCRC No. 6373/2025, the applicant has no previous criminal antecedent, the charge-sheet has been filed in this case and the applicant is in jail since 19.08.2025, and the conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be granted regular bail in this case. 7. Accordingly, the bail application is allowed. Let applicant - Anup Yadav, involved in P.O.R/Crime No. 22047/2012, registered at Police Station – Forest Assistant Range Officer Beat- Shankargarh, District- Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 9, 34, 38, 39, 40, 43, 44, 48, 50, 51 and 57 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 4 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 applicants 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 5 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 Preeti