1 2025:CGHC:55906 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8253 of 2025 Anadi Yadav S/o Shri Balram Yadav Aged About 26 Years R/o Village Badeloram, Thana Sankra, Tahsil Pithoura, Distt. Mahasamund, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Forest Range, Pithoura, Distt. Mahasamund, Chhattisgarh. ...Non-applicant For Applicant : Mr. Sumit Shrivastava, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.11.2025 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 has been arrested in connection with Crime No. 20657/12, registered at Police Station – Forest Range Pithoura District – Mahasamund (C.G.) for the offence punishable under Section 9 read with Sections 2(16), A,B,C, 39(3), A,B,C, 44 50(a) and 51 of Wild Life Protection Act 1972. 2. The prosecution story in short is that, the secret information has been VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.18 12:38:24 +0530 2 received by the forest officer with the averment that some of the villagers have hunted the deer (Chital) in the forest Ranger Pithoura by erecting the electric wire and preparing the meat so the officers have made the search and alleged to have seized Gl wire, Axe, Utensils, Mashala and others articles including the meet and arrested the co-accused and applicant and obtained the Judicial remand from the JMFC Pithoura. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits as no wildlife animal was hunted by him and he was apprehended merely because he was found in the forest range during the evening hours; that the department failed to conduct a proper investigation and arrested the applicant and others solely on suspicion, although no offence under the Wildlife laws has been committed by the applicant, who was merely travelling from one village to another at night; that the offence alleged against the applicant is triable by the Judicial Magistrate First Class and the investigation has been completed, with the charge-sheet yet to be filed and has been in judicial custody since 06.09.2025, therefore, it is most humbly prayed that this Hon’ble Court may kindly be pleased to release the applicant on bail 4. On the other hand, the learned State Counsel opposes the bail application and submits that 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, nature and gravity of allegation levelled against the applicant and the 3 fact that the applicant has no previous antecedents and also considering the fact that the charge-sheet has been filed and he has been in jail since 06.09.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Anadi Yadav, involved in Crime No. 20657/12, registered at Police Station – Forest Range Pithoura District – Mahasamund (C.G.) for the offence punishable under Section 9 read with Sections 2(16), A,B,C, 39(3), A,B,C, 44 50(a) and 51 of Wild Life Protection Act 1972, be released on bail on furnishing 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, 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. 4 (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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav