1 2025:CGHC:53611 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1678 of 2025 1 - Nepal Sidar S/o Panchram Sidar Aged About 26 Years R/o Village Chhindoli, P.S. Tendukona Tehsil Pithora, District - Mahasamund (C.G.) 2 - Ghanshyam Sidar S/o Chamru Sidar Aged About 40 Years R/o Village Chhindoli, P.S. Tendukona Tehsil Pithora, District - Mahasamund (C.G.) ... Applicants Versus 1 - State Of Chhattisgarh Through Forest Range Officer, Pithora District- Mahasamund (C.G.) ... Non-applicant For Applicants : Mr. Shubhank Tiwari, Advocate For Non-applicant : Ms. Ankita Shukla, Panel Lawyer SB : Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 03/11/2025 1. The applicants have preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Bail, apprehending their arrest in connection with POR No. 20657/12, registered at through Forest Range Officer, Forest Region Pithora, District – Mahasamund (C.G.) for the alleged commission of offence punishable under Sections 9, 2 (16), A.B.C., 39 (3) A.B.C., 44, 50 (A) & 51 of the Wild Life (Protection) Act, 1972. 2. The story in brief is such that, on 06.09.2025, the applicants along with the other co-accused persons have laid down electric wires to hunt deer and SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 other wild life animals in Area No. 228 Village Girna, Forest Range Pithora, District – Mahasamund. Due to the trap laid down by the applicants and other co-accused persons, they have hunted a Deer (Chital) and were trying to sell her meat. The Forest Range Officer thereafter, registered the alleged offences against the present applicants and other 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 there are total 09 accused persons out of which, 07 persons are arrested by the authorities and the present applicants have filed this application for anticipatory bail. He submits that the applicants have been impleaded in the crime only on the basis of the memorandum statement of the co-accused persons. The place of incident is not in possession of the applicants and they are villagers residing in the forest area. He submits that there is no material available against the applicants and no seizure has been made from them. 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 applicants have committed hunt of the wild life by laying down electric wires and setting trap. Thereafter, the other co-accused persons have hunted the animal i.e. Deer (Chital) 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 applicants have laid down the electric wires for hunting the wild animal. Further, learned State Counsel submits that the wild animal Deer (Chital) 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. 3 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 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. Deer (Chital), 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 applicants – Nepal Sidar and Ghanshyam Sidar, involved in POR No. 20657/12, registered at through Forest Range Officer, Forest Region Pithora, District – Mahasamund (C.G.) for the alleged commission of offence punishable under Sections 9, 2 (16), A.B.C., 39 (3) A.B.C., 44, 50 (A) & 51 of the Wild Life (Protection) Act, 1972, stands rejected. 8. Certified copy as per rules. Sd/- (Ramesh Sinha) Chief Justice Dey