1 2025:CGHC:53086 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7620 of 2025 1 - Dashrath Nag S/o Jaldev Aged About 30 Years 2 - Kapilnath Nag S/o Balak Nag Aged About 36 Years Applicant No.01 and 02 Caste Dhurva R/o Vill Panchayat Tirathgadh Patelpara Thana Darbha District Bastar, C.G. 3 - Ramu S/o Somaru Aged About 55 Years, 4 - Sonu S/o Somaru Aged About 42 Years Applicant no.03 and 04 Caste Dhurva R/o Vill Panchayat Tirathgadh Karkakpara Thana Darbha District Bastar, C.G. (Name And Address As Per Bail Application Filed Before Learned Trial Court) ... Applicants versus State Of Chhattisgarh Through Van Parichetra Adhikari Kotamsar Darbha District Bastar C.G. ... Respondent For Applicants : Shri Vikash A. Shrivastava, Advocate. For Respondent/State : Shri Swajeet Singh Ubeja, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/10/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.01 12:59:44 +0530 2 grant of regular bail to the applicants who have been arrested in connection with POR No.15378/03 registered at Police Station Van Parichetra Adhikari, Kotamsar Darbha Distt. Bastar C.G. for the offence punishable under Section 09 read with sec. 2(16), 12, 27, 31, 39, 50, 51, 52 of Wildlife (Protection) Act, 1972. 2. Case of the prosecution, in brief, is that on 17.07.2025, forest guard Virendra Bhardwaj along with staff was on joint foot patrol in the Tirathgarh beat area. Around 5:30–6:00 p.m., they noticed an injured spotted deer (Chital) running and then collapsing near NH-30, Jagdalpur–Darba Road, between forest compartments 164 and 165, where it died. On inspection, the deer was found to have multiple arrow wounds. Despite searching the surrounding area, no offenders were found. Consequently, a Preliminary Offence Report (P.O.R.) No. 15378/03 was registered on 17.07.2025 against unknown persons under Sections 9, 2(16), 12, 27, 31, 39, 50, 51, and 52 of the Wildlife (Protection) Act, 1972. One arrow and the carcass of the deer were seized, a spot panchanama was prepared, and the deer was sent for post- mortem examination. During investigation, statements of witnesses were recorded, the accused were arrested, and after completion of investigation, a charge-sheet was filed before the competent court. 3. Learned counsel for the applicants submits that the applicants are innocent and they have no connection with the alleged crime whatsoever. He would submit that the applicants are rustic villager 3 and only on the basis of suspicion officer of the forest department arrested them. He would submit that nothing has been seized by the present applicants. He would submit that the charge sheet has been filed in this case, applicants No.1 and 2 are in jail since 21/07/2025 and applicants No.3 and 4 are in jail since 20/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court and the applicants have no criminal antecedents. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicants, applicants No.1 and 2 are in jail since 21/07/2025 and applicants No.3 and 4 are in jail since 20/07/2025, charge sheet has been filed, applicants have 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 applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicants- Dashrath Nag, Kapilnath Nag, Ramu & Sonu involved in POR No.15378/03 registered at Police Station Van 4 Parichetra Adhikari, Kotamsar Darbha Distt. Bastar C.G. for the offence punishable under Section 09 read with sec. 2(16), 12, 27, 31, 39, 50, 51, 52 of Wildlife (Protection) Act, 1972, be released on bail on each of them furnishing a personal bond with two sureties 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 5 (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 applicants 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 them 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