1 2025:CGHC:57572 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8509 of 2025 • Budhram Baiga S/o Jonhuram Baiga Aged About 37 Years R/o Village Aurapani, Chowki Balgahna, Police Station Kota, District Bilaspur Chhattisgarh ... Applicant versus • State of Chhattisgarh Through The Forest Range Officer, Belgahna, District Bilaspur Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sumit Singh Rathore, Advocate For Respondent/State : Ms. Supriya Upasne, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 26.11.2025 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 Forest Crime No. 17716/06, registered at Police Station – Forest Range Officer, Belgahna District –Bilaspur (C.G.) for the offence punishable under Sections 33(1)d, 52, 72 of Indian Forest Act, Section 3(1) of Prevention of Damage to Public Property Act, Section 5, 14, 15, 16 of Chhattisgarh Transport (Forest Produce) Rules, Section 03, 55, 58 of Indian Biological Diversity Act and Section 66(3) of Indian Forest VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.26 18:47:05 +0530 2 Chhattisgarh Amendment Act. 2. The case of the prosecution, is that on 16-09-2025, the Forest Range Officer received secret information from an informant informing him that the applicant along with other persons have illegally cut and store the Teak and Sal Trees from the government forest and transporting the same illegally. Based on the information the Forest Range Officer conducted raid and seized 21 No. of Teak (Sagon) and other Woods and 01 No. of Wooden log and 02 motorcycle bearing registration No.CG28 E3441 and CG10 BR2615 from the possession of the applicant and other persons. Subsequently the Crime registered upon the applicant and he was arrested whereas other persons were absconding from the place. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 16.09.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that applicant along with other persons have illegally cut and store the Teak and Sal Trees from the government forest and transporting the same illegally, therefore, he is 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 applicant and the fact that there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 16.09.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Budhram Baiga, involved in Forest Crime No. 17716/06, registered at Police Station – Forest Range Officer, Belgahna District –Bilaspur (C.G.) for the offence punishable under Sections 33(1)d, 52, 72 of Indian Forest Act, Section 3(1) of Prevention of Damage to Public Property Act, Section 5, 14, 15, 16 of Chhattisgarh Transport (Forest Produce) Rules, Section 03, 55, 58 of Indian Biological Diversity Act and Section 66(3) of Indian Forest Chhattisgarh Amendment 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 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 4 during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant 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 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 vaishali