1 2025:CGHC:55907 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9016 of 2025 1 - Chanduram Thakur @ Shikari S/o Dayalu Thakur Aged About 50 Years R/o Village Chhindouli, Police Station Tendukona, Tahsil Pithora, District Mahasamund,(C.G.) 2 - Sonsai S/o Ramjee Aged About 39 Years R/o Village Chhindouli, Police Station Tendukona, Tahsil Pithora, District Mahasamund (C.G.) 3 - Bhagwan Singh S/o Jaisingh Aged About 45 Years R/o Village Girna, Police Station Pithora, Tahsil Pithora, District Mahasamund (C.G.) 4 - Bisahu S/o Chintaram Aged About 52 Years R/o Village Chhindouli, Police Station Tendukona, Tahsil Pithora, District Mahasamund (C.G.) 5 - Bhola S/o Netram Aged About 22 Years R/o Village Girna, Police Station Pithora, Tahsil Pithora, District Mahasamund (C.G.) ...Applicants versus State Of Chhattisgarh Through - Station House Officer, Police Station Forest Division Officer, Pithora, District Mahasamund (C.G.) ...Non-applicant For Applicants : Mr. Shikhar Sharma, 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 VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.18 12:38:24 +0530 2 applicants who have 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 Vanya Prani Sanrakshan Adhiniyam Act 1972. 2. The prosecution story in short is that, the secret information has been 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 applicants were not present at the spot at the time of the incident. The applicants have neither committed nor participated in any act constituting the alleged offences, and the evidence collected by the prosecution is not prima facie sufficient to hold them guilty. The offences alleged are bailable in nature, carrying a maximum sentence of three years. The applicants have been in jail since 06.09.2025, therefore, it is most humbly prayed that this Hon’ble Court may kindly be pleased to release the applicants 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. 3 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence levelled against the present applicants, and also taking into account that the applicants have no criminal antecedent, that the charge-sheet has been filed before the competent Court, and the applicant has been in judicial custody since 15.09.2025, and conclusion of the trial may take some more time, this Court is of the considered opinion that the applicants are entitled to be released on bail in the present case. 7. Let applicants, Chanduram Thakur @ Shikari, Sonsai, Bhagwan Singh, Bisahu & Bhola 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 Vanya Prani Sanrakshan Adhiniyam Act 1972, be released on bail on furnishing personal bond with two local sureties each 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 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 applicants 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. 4 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their 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 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 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 them 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