1 2025:CGHC:11184 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 940 of 2025 1. Parmeshwar Singh S/o Rambadan Singh Aged About 45 Years R/o Village - Indrapur, Chowki Vijay Nagar, Police Station Ramanujganj, District - Balrampur-Ramanujganj (C.G.) 2. Hari Singh S/o Bujhawan Singh Aged About 35 Years R/o- Village - Indrapur, Chowki Vijay Nagar, Police Station Ramanujganj, District- Balrampur-Ramanujganj (C.G.) ... Applicants versus State of Chhattisgarh Through- The Forest Divisional OfÏcer, Ramanujganj, District- Balrampur- Ramanujganj (C.G.) ... Non-applicant For Applicants : Mr. Abhishek K. Singh, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 06.03.2025 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 applicants who have been arrested in connection with Crime RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 No./Forest Crime No. 91962/01 registered at Police Station : Forest Divisional OfÏcer, Ramanujganj, District Balrampur – Ramanujganj (C.G.) for the offence punishable under Sections 2, 9, 50, 51, 52 of the Wild Life Protection Act, 1972. 2. According to the brief facts of the prosecution's case, on 19.12.2024, the present applicants allegedly caused the death of an elephant in Van Khand Chiniya by electrocution, resulting in the registration of a crime against them as mentioned above. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. He submits the present applicants have been made accused only on the basis of suspicion, they have not committed any crime. He further submits that the applicants have no criminal antecedents and they are in jail since 21.12.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicants. 4. On the other hand learned State counsel opposes the bail application of the present applicants and submits that the charge - sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicants have no 3 criminal antecedents. Also considering the fact that the charge- sheet has already been submitted in the present case before the competent Court and the present applicants have been in jail since 21.12.2024, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicants are entitled to be released on bail in this case. 7. Let applicants, Parmeshwar Singh and Hari Singh, involved in Crime No./Forest Crime No. 91962/01 registered at Police Station : Forest Divisional OfÏcer, Ramanujganj, District Balrampur – Ramanujganj (C.G.) for the offence punishable under Sections 2, 9, 50, 51, 52 of the Wild Life Protection Act, 1972, be released on bail on his furnishing a personal bond with two sureties each in the like amount 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 sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. 4 (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail 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. (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 sufÏcient 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. OfÏce 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 Rahul Dewangan