1 2025:CGHC:49598 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7475 of 2025 1 - Chinta Ram S/o Dhiraji Gond Aged About 35 Years R/o Village- Neur, Police Station And Tahsil- Kukdur, District- Kabirdham (C.G.) 2 - Sarju Paraste S/o Jarhu Aged About 26 Years R/o Village- Neur, Police Station And Tahsil- Kukdur, District- Kabirdham (C.G.) ...Applicants versus State Of Chhattisgarh Through- Forest Range Officer Pandariya (West) District- Kabirdham (C.G.) ... Respondent For Applicants : Mr. Santosh Bharat, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 29.10.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who have been arrested in connection with Crime No. 21622/2015 registered at Police Station - Forest Range Officer Pandariya District - Kabirdham (C.G.), for the offences punishable under Sections 2(16)(a)(b) and Section 50 and 51 of the wild life VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.30 12:07:30 +0530 2 Protection Act 1972 and under Section 3 of the Prevention of Damage to Public Property Act 1984. 2. As per the prosecution story in brief is that according to the case diary on 20/07/2025, Tarkesh Yadav, Campus Guard, Neur received information in his Mobile that Deer was found dead in the field of applicant No.1 and the present applicant and other co-accused persons have covered the dead body of Deer from the Palash leaf. Further on this information when the campus Guard went to the spot the dead body of the Deer was found in the field of present applicant No.1 and the Deer has sustained injury on his leg and bleeding was found on his head. 3. The applicants are innocent persons and have been falsely implicated in the present case. They have not committed any of the alleged offences, and no property has been seized from their possession. The applicants were arrested by Police Station Kukdur and have been in jail since 21.07.2025, while the charge-sheet has already been filed before the competent Court. The applicants are villagers and agriculturists by occupation, having no intention to sell or misuse the shelter house as alleged by the prosecution. The matter is triable by the learned Judicial Magistrate First Class, and the conclusion of the trial is likely to take considerable time; therefore, considering the period of their detention, they may kindly be enlarged on bail. The applicants reserve their right to raise additional grounds at the time of hearing. They are permanent residents of the address mentioned in the cause title, and there is no likelihood of their absconding or tampering with the evidence, therefore, he prays for grant of regular 3 bail to the present applicants. 4. On the other hand, learned State Counsel appearing for the State/non-applicant opposed the bail application and submitted that in the present case, the charge-sheet has already been filed before the competent Court. 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, the nature and gravity of the allegations levelled against the applicants, and the fact that the applicants have no previous antecedents, and also considering that the charge-sheet has been filed and they have been in jail since 21.07.2025, and as the conclusion of the trial is likely to take some time, I am inclined to grant regular bail to the present applicants. 7. Let the Applicants – Chinta Ram & Sarju Paraste involved in Crime No. 21622/2015 registered at Police Station - Forest Range Officer Pandariya District - Kabirdham (C.G.), for the offences punishable under Sections 2(16)(a)(b) and Section 50 and 51 of the wild life Protection Act 1972 and under Section 3 of the Prevention of Damage to Public Property Act 1984, be released on bail on his furnishing personal bond with two local 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 4 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure his 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 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 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 themselves 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 vaibhav