1 2025:CGHC:8919 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8751 of 2024 1 - Kamal Singh S/o Ballura Aged About 55 Years R/o Village Tingipur, Chowki Junapara, Police Station Takhatpur, District Bilaspur Chhattisgarh. 2 - Manoj Markam S/o Kamla Singh Aged About 35 Years R/o Village Tingipur, Chowki Junapara, Police Station Takhatpur, District Bilaspur Chhattisgarh. ... Applicants versus State of Chhattisgarh Through Forest Range OfÏcer, Forest Range Takhatpur, District Bilaspur Chhattisgarh. ... Non-Applicant For Applicants : Mr. Devesh Chandra Verma, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.02.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime/P.O.R. No. 13151/05, registered at Police Station : Forest Range OfÏcer, Forest Range Takhatpur, District- Bilaspur, (C.G.) for the offence punishable under Sections 9, 39, 50, 51 of the Wild Life Protection Act, 1972. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The case of the prosecution, in brief, is that on 01.11.2024, based on received information, the State Level Flying Squad, Achanakmar Tiger Reserve, Forest Division Mungeli, District Bilaspur, along with the staff of the Forest Range Takhatpur, visited Compartment No. 94 RF of Forest Range Kota, Van Vikas Nigam. On government land adjacent to the Eco-Sensitive Zone of Achanakmar Reserve, a wild elephant was found dead and subsequently seized. During the inquiry, it was revealed that the accused persons had illegally occupied and cultivated government land and, in collusion with co- accused Ramkhilawan and Devraj, had laid an electrified wire to hunt wild boars. The wild elephant came into contact with the live wire and died as a result. Based on this information, a forest crime report (P.O.R. No. 13151/05) was registered under Sections 9, 39, 50, and 51 of the Wildlife Protection Act, and the investigation is ongoing. 3. Learned counsel for the applicants submits that the present applicants are innocent persons and have been falsely implicated in the aforesaid case. He further submits that no case is made out against the present applicants under the aforesaid sections of Wildlife Protection Act as they have not hunted any wild animal. He further submits that no any articles have been seized from the accused persons in connection with the aforesaid crime. He further submits that applicant No.01 has no previous criminal antecedents and applicant No.2 has 03 criminal antecedents which are preventive nature. He also submits that the present applicants are in jail since 04.11.2024 and conclusion of the trial may take some 3 time, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. He further submits that the accused persons had illegally occupied and cultivated government land and, in collusion with co-accused Ramkhilawan and Devraj, had laid an electrified wire to hunt wild boars. The wild elephant came into contact with the live wire, as a result a wild elephant was found dead. He further submits that the applicant No.2 has 03 criminal antecedents. Therefore, the present applicants are not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that though the accused persons had illegally occupied and cultivated government land and, in collusion with co-accused Ramkhilawan and Devraj, had laid an electrified wire to hunt wild boars, the wild elephant came into contact with the live wire, as a result a wild elephant was found dead, and also considering the fact that applicant No.2 has 03 criminal antecedents, but all the cases are preventive nature and no any articles have been seized from the accused persons in connection with the aforesaid crime, the charge-sheet has been submitted before the competent Court and the applicants are in jail since 04.11.2024, the conclusion of the trial may take some more time, therefore, this Court is of the considered 4 view that the present applicants are entitled to be released on regular bail in this case. 7. 7. Let the Applicants – Kamal Singh and Manoj Markam, involved in Crime/P.O.R. No. 13151/05, registered at Police Station : Forest Range OfÏcer, Forest Range Takhatpur, District- Bilaspur, (C.G.) for the offence punishable under Sections 9, 39, 50, 51 of the Wild Life Protection Act, 1972, be released on bail on furnishing 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 5 accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 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 Rahul Dewangan