1 2025:CGHC:54912 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1747 of 2025 Tosh Kumar Nayak S/o Raj Kumar Aged About 45 Years R/o Village- Chhindpatera, Police Station- Dongripali, Tahsil- Baramkela, District- Sarangarh-Bilaigarh (C.G.) ... Applicant Versus State Of Chhattisgarh Through - The Station House Officer, Forest Range Gomarda Baramkela, District- Sarangarh-Bilaigarh (C.G.) ... Non-applicant For Applicant : Mr. Raghvendra Pradhan, Advocate For Non-applicant : Ms. Ankita Shukla, Panel Lawyer SB : Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 11/11/2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Bail, apprehending his arrest in connection with Crime No. 4579/2016, registered at Police Station - Forest Range Gomarda Baramkela, District – Sarangarh – Bilaigarh (C.G.) for the alleged commission of offence punishable under Sections 02, 09, 29, 39 (D), 44 (A), 49 (B), 50 & 51 (1) of the Wild Life (Protection) Act, 1972. 2. The story in brief is such that, on 16-10- 2025 the Forest Department have seized 05 KG of meat of Forest Pig and other articles from the house of one Ramu and during investigation, the Forest Department found that accused Ramu and other accused persons have circulated the current of 11KV in the field and due to which, forest pig died and thereafter the accused persons 2 have distributed the meat and one share have also been obtained by the present applicant. Based on the investigation, the aforementioned offences were registered against the applicant and the other co-accused persons. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. He submits that applicant have been impleaded in the crime only on the basis of the memorandum statement of the co-accused persons. He submits that applicant is theowner of the agricultural field where the offence took place, but the wires were laid by the workers of the applicant about which, the applicant was completely oblivious. He submits that two accused persons are already arrested and there is no material available against the applicant. Therefore, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel opposes the bail application of the present applicants and submits that the present applicant has committed hunt of the wild life by laying down electric wires and setting trap. Thereafter, the other co-accused persons along with the applicant have hunted the animal i.e. Forest Pig and were trying to sell its meat. The co-accused persons have admitted their guilt of committing the alleged offence and have specifically stated that the applicant is also involved in hunting the wild animal. Further, learned State Counsel submits that the wild animal Forest Pig is included in the list of wild animals mentioned in Part 2 of Schedule 2 of the Wildlife Protection Act, 1972 and such an offence in relation to it, is punishable with imprisonment of minimum 03 years and imprisonment up to 07 years and a minimum fine of Ten Thousand Rupees under Section 51 of the Wildlife Protection Act, in which for the subsequent offence, the amount of fine along with the punishment of imprisonment as above, is minimum Rs. 25,000/-. He contended that the offences have been registered against the applicants after due enquiry conducted by the authorities and prima facie, there are ample evidence available against the applicant showcasing their 3 involvement in the present case. He submits that other co-accused persons have already been arrested and therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence, submission of counsel for the respective parties and material on record in the case diary, documents enclosed along with the bail application which clearly amplifies the fact that the applicants have laid the electric wires for hunting of the wild life animal i.e. forest pig, investigation is pending and charge-sheet has not been filed, other co-accused persons have been arrested, therefore, I am not inclined to grant bail to the applicants. 7. Accordingly, the bail application of the applicant – Tosh Kumar Nayak, involved in Crime No. 4579/2016, registered at Police Station - Forest Range Gomarda Baramkela, District – Sarangarh – Bilaigarh (C.G.) for the alleged commission of offence punishable under Sections 02, 09, 29, 39 (D), 44 (A), 49 (B), 50 & 51 (1) of the Wild Life (Protection) Act, 1972, stands rejected. 8. Certified copy as per rules. Sd/- (Ramesh Sinha) Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY