1 2025:CGHC:53685 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7725 of 2025 1 - Hemlal S/o Shri Pardeshi Ram Sinha Aged About 40 Years By Caste Kalar, R/o Village- Mathena, Thana And Tahsil- Doundi, Distt- Balod (C.G.) 2 - Vijay Kumar S/o Late Shri Vimal Kumar Aged About 20 Years By Caste- Gond R/o Village- Mathena, Thana And Tahsil- Doundi, Distt- Balod (C.G.) 3 - Ishant Kumar S/o Shri Somnath Aged About 18 Years By Caste - Gond R/o Village- Mathena, Thana And Tahsil- Doundi, Distt- Balod (C.G.) ... Applicants versus 1 - The State of Chhattisgarh Through- The Forest Officer, Forest Region Doundi, Forest Department Distt- Balod (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Suryansh Pathak, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/11/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No.20434/2021 registered at Forest Officer, Forest Region Doundi, Forest Department, District – Balod (C.G.) for the offence punishable under Sections 51(1), 52, 09, 2(16), A,B,C, of Wild Life Protection Act, 1972. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.04 17:54:30 +0530 2 2. Case of the prosecution, in brief, is that, during patrolling, Beat Officer Dhorithema saw three people going to Reserve Forest 122 on a black motorcycle with two guns. On the basis of suspicion, they were chased and caught. Two rifle-like weapons and a motorcycle were seized from the possession from the applicants and there are15 Spotted Dove, 3 Yellow Footed Green Pigeon, 1 Black Winged Kite, 2 Jungle Palm Squirrel and 1 Common Quail mentioned in Schedule 2 of the Wildlife Protection Act were kept in the motorcycle in the possession of the accused. Thus, a total of 22 birds / wild birds prohibited for hunting were seized in dead. The applicants had hunted the above wild animals and were carrying them away. On the basis of statements police made and crime was registered and arrested the present applicants for alleged commission of offence. 3. Learned counsel for the applicants submit that the applicants are innocent and they have been falsely implicated in the present case. He would submit that there are no any criminal antecedents registered against the present applicant. He would further submit that charge sheet has been filed, they are in jail since 02/08/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that charge sheet has been filed in the present case and there is no criminal antecedent registered against the applicants. She would submit that there are total of 22 birds/ wild birds dead were seized from the possession of the present applicants, therefore, applicants are not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused 3 the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, considering the fact that there is no criminal antecedents registered against the present applicants, charge sheet has been filed, period of detention of the applicant since 02/08/2025 and trial is likely to take some time for its conclusion, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicants- Hemlal, Vijay Kumar and Ishant Kumar involved in Crime No.20434/2021 registered at Forest Officer, Forest Region Doundi, Forest Department, District – Balod (C.G.) for the offence punishable under Sections 51(1), 52, 09, 2(16), A,B,C, of Wild Life Protection Act, 1972 on their furnishing a personal bond with two local 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 during trial and in order to secure his presence, 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaishali