1 2025:CGHC:52467 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8369 of 2025 1 - Joy Daniel S/o L. Daniel Aged About 41 Years Caste Christian, R/o Misiyabada Dongargarh, P.S. And Tahsil Dongargarh, District Rajnandgaon C.G. 2 - Neelu Francis S/o C Fauk Aged About 58 Years Caste Christian, R/o Karbala Chowk, Dongargarh, P.S. And Tahsil Dongargarh, District Rajnandgaon C.G. 3 - Ishant S/o Suresh Aged About 25 Years R/o Kalkapara, Dongargarh, P.S. And Tahsil Dongargarh, District Rajnandgaon C.G. ... Applicants versus State Of Chhattisgarh Through The Forest Department Dongargarh, North Bortalab Range, District – Rajnandgaon, C.G. ---- Non-applicant For Applicants : Mr. Sachin Nidhi, Advocate. For Non-applicant/State : Mr. Swajeet Singh Ubeja, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.10.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with POR No. 17849/08, registered at Forest Department Dongargarh, North Bortalab Range, District – Rajnandgaon (C.G.) for the o=ence punishable under Sections RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 2(A), 2(B), 9, 39, 48(A), 50 and 51 of the Wildlife Protection Act. 2. The case of the prosecution, is that on 15.09.2025, the forest sta= of Forest Range North Boratlav of Forest Department was doing night patrolling, during patrolling of compartment no. 419 on Dongargarh to Kholarghat road, the applicant Joy Daniel and Neelu Francis were coming towards Dongargarh with Barking Deer meat on their motorcycle number CG 08 AE 9405, and accused Vishal, son of Suresh, was coming on motorcycle number CG 08 Z 0420. After that, on seeing the forest oBcial, present applicants left the illegal Barking Deer meat which was packed in a plastic bag and ran away from the spot. The three accused Joy Daniel, Neelu Francis, Vishal were caught by the forest oBcial from the spot and brought to the oBce in North Boratlav Dongargarh. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and the charge-sheet has been Dled in this case. It is further submitted that the co-accused has been granted bail by the trial Court. The applicants are in jail since 15.09.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, learned State Counsel has strongly opposed the prayer for grant of bail to the applicant by submitting that the applicant, along with the co-accused persons, was apprehended by the forest oBcials while in possession of illegal Barking Deer meat, which constitutes a serious o=ence under the provisions of the Wildlife (Protection) Act, 1972, therefore, they are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the 3 documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that charge-sheet has been Dled against the applicants, further that the co- accused has been granted bail by the trial Court, the applicants are in jail since 15.09.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants, Joy Daniel, Neelu Francis and Ishant, involved in POR No. 17849/08, registered at Forest Department Dongargarh, North Bortalab Range, District – Rajnandgaon (C.G.) for the o=ence punishable under Sections 2(A), 2(B), 9, 39, 48(A), 50 and 51 of the 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 applicants shall Dle an undertaking to the e=ect that he shall not seek any adjournment on the dates Dxed 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 Dxed, either personally or through his counsel. In case of his absence, without suBcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants 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 Dxed 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 applicants shall remain present, in person, before the trial court on the dates Dxed for (i) opening of 4 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 is deliberate or without suBcient 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. OBce is directed to send a certiDed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar