1 2025:CGHC:54625 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9000 of 2025 Roshan Maravi S/o Mohan Maravi Aged About 34 Years R/o Village- Neur Police Station And Tahsil - Kukdur, District- Kabirdham (C.G.) ... Applicant versus State Of Chhattisgarh Through- Forest Range Officer- Pandariya (West) District- Kabirdham (C.G.) ... Respondent For Applicant : Shri Dharmesh Srivastava, Advocate. For Respondent/State : Shri Soumya Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/11/2025 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 applicant who has been arrested in connection with Forest Crime No. P.O.R. 21622/15 registered at Police Station Forest Range Office, Pandariya (West), District- Kabirdham (C.G.) for the offence punishable under Sections 9 read with section 2(16)(a)(b), 50, 51 of Wild Life (Protection) Act, 1972 and Section 3 of Prevention of GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.11 18:40:32 +0530 2 Damages to Public Property Act, 1984. 2. Case of the prosecution, in brief, is that on 20.07.2025 Beat Guard of Neur namely Tarkesh Yadav received an information through mobile phone that on the agricultural land of Chinta S/o Dheraji Gond, one tree of Palash and bush of Sitafal were standing where a dead deer is lying and the same was covered with leaves of Palash by Chinta, Roshan and Sarju Gond. On the basis of aforesaid information, the matter was inquired and the dead deer (Cheetal) was found lying near bush of Sitafal on the land of Chinta. It was also found that blood was oozing out from head of the deceased and leg was also injured. The Forest Range Officer registered a crime bearing P.O.R. No. 21622/15 on 20/07/2025 for the offence under Section 9 read with Section 2(16) (a)(b), 50, 51 of Wild Life (Protection) Act, 1972 and Section 3 of Prevention of Damages to Public Property Act, 1984 and subsequently complaint case was filed and the same is registered as Complaint Case No.1596/2025 and pending before the learned Judicial Magistrate First Class, Pandariya, District Kabirdham (C.G.) for trial. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the applicant was not involved in commission of offence, the articles were seized from the spot which were not in possession of the present applicant. He would submit that co-accused persons namely Chinta Ram and Sarju Paraste have been granted bail by this Court in MCRC No.7475/2025 on 29/10/2025. He would submit that the applicant is in jail since 20/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State Counsel do not dispute the fact that co-accused persons namely Chinta Ram and Sarju Paraste have been granted bail by this Court in MCRC No.7475/2025 on 29/10/2025. He would submit that the applicant has no criminal antecedents. 5. I have heard learned counsel appearing for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, further the fact that co-accused persons namely Chinta Ram and Sarju Paraste have been granted bail by this Court in MCRC No.7475/2025 on 29/10/2025, period of detention of the applicant since 20/07/2025, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Roshan Maravi, involved in Forest Crime No. P.O.R. 21622/15 registered at Police Station Forest Range Office, Pandariya (West), District- Kabirdham (C.G.) for the offence punishable under Sections 9 read with section 2(16)(a)(b), 50, 51 of Wild Life (Protection) Act, 1972 and Section 3 of Prevention of Damages to Public Property Act, 1984, 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 4 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, 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 gouri