1 2025:CGHC:58866 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9919 of 2025 1. Anil Binjhwar S/o Shri Chamar Singh Aged About 32 Years R/o Village Arjuni, Thana Gidhouri, Distt. Balodabazar-Bhatapara, Chhattisgarh. 2. Shridhar Bariha S/o Shri Mangal Singh Aged About 39 Years R/o Village Arjuni, Thana Gidhouri, Distt. Balodabazar-Bhatapara, Chhattisgarh. ... Applicants versus The State of Chhattisgarh Through Forest Range Officer Arjuni, Distt. Balodabazar-Bhatapara, Chhattisgarh. ... Non-applicant For Applicants : Mr. Rajendra Patel, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.12 .202 5 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime/POR No. 15670/17, registered at Forest Range Officer Arjuni, District- Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 9, 39, 44, 48(A), 50 and 51 of Wild Life Prosecution Act, 1972. 2. The prosecution story, in brief, is that on 24.08.2025, the Ganjardih Prescribed Officer received information regarding the hunting of a wild PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.05 14:42:26 +0530 2 animal. Acting on this information, he, along with other forest employees, proceeded to Room No. 341 on Arjuni–Saraypali Road, where they saw two persons arriving on a motorcycle. A search was conducted, during which 23.620 kg of deer (Chital) meat was recovered. The co-accused were arrested, and their statements were recorded, wherein they named the present applicant. On the basis of these statements, the police arrested the applicant, and after completing the investigation, the charge- sheet was filed before the JMFC, Kasdol. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. He further submitted that the co-accused persons have already been granted regular bail by this Court vide order dated 31.10.2025 passed in MCRC No. 8681/2025. He also submitted that the applicants have no previous criminal antecedents, the charge-sheet has been filed in this case and the applicants are in jail since 22.11.2025 and 18.11.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application of the applicant but could not dispute the fact that the co-accused persons have already been granted regular bail by this Court. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that the co-accused persons have already been granted regular bail by this Court vide order dated 31.10.2025 passed in MCRC No. 8681/2025, further the applicants have no previous criminal antecedents, the charge-sheet has been filed in this case and the applicants are in jail 3 since 22.11.2025 and 18.11.2025, and conclusion of the trial is likely to take some time, this Court is of the view that the applicants are entitled to be granted regular bail in this case on the ground of parity. 7. Accordingly, the bail application is allowed. Let applicant Nos. 1 and 2 - Anil Binjhwar and Shridhar Bariha, respectively involved in Crime/POR No. 15670/17, registered at Forest Range Officer Arjuni, District- Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 9, 39, 44, 48(A), 50 and 51 of Wild Life Prosecution Act, 1972, be released on bail on his furnishing a personal bond with two 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 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 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 applicants 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, 4 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 applicants are 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti