1 2025:CGHC:12321 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1045 of 2025 1 - Anit S/o Goukaran Netam Aged About 33 Years R/o Village - Mohanpur, Police Station- Singhanpuri Forest, Tahsil- Rengakhar, District- Kabirdham, Chhattisgarh 2 - Munshi S/o Janardan Yadav Aged About 39 Years R/o Village- Mohanpur, Police Station- Singhanpuri Forest, Tahsil- Rengakhar, District- Kabirdham, Chhattisgarh --- Applicant versus State of Chhattisgarh Through Police Station- Forest Circle OfÏcer, Sahaspur Lohara, District – Kabirdham, Chhattisgarh. --- Non-applicant Along with MCRC No. 1375 of 2025 Pratap S/o Mehtar Netam Aged About 50 Years R/o Village - Mohanpur, Police Station - Singhanpuri Forest, Tahsil - Rengakhar, District - Kabirdham Chhattisgarh. ---Applicant Versus State of Chhattisgarh Through Police Station – Forest Circle OfÏcer - Sahaspur Lohara, District – Kabirdham, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Ravi Kumar Bhagat, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.03.2025 1. The applicant has 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 POR No. 20735/14, registered at Police Station – Forest Circle OfÏcer - Sahaspur Lohara, District – Kabirdham (C.G.) for the offence punishable under Sections RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 02, 09, 39, 40, 50 and 51 of the Wild Life Protection Act, 1972. 2. The case of the prosecution, is that on receiving of secret information with Forest Circle OfÏcer – Sahaspur, Lohara, a search has been conducted at house of accused Pratap, during the search of house of accused Pratap, the forest ofÏcials have recovered containers, wild animal flesh, hair, jaw, blooded bag, GI wire, battle axe, and same were seized, and the applicants namely Anit and Munshi have been arrested on 19.12.2024. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and has been falsely implicated in this case and there is only one criminal antecedents registered against the present applicants namely Anit and Munshi. It is further submitted that the charge-sheet has been filed in this case. The applicants are in jail since 19.12.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is only one criminal antecedents registered against the present applicants namely Anit and Munshi, and the charge-sheet has been filed in this case. It is further submitted that on receiving of secret information with Forest Circle OfÏcer – Sahaspur, Lohara, a search has been conducted at house of accused Pratap, during the search of house of accused Pratap, the forest ofÏcials have recovered containers, wild animal flesh, hair, jaw, blooded bag, GI wire, battle axe, and same were seized, and the applicants namely Anit and Munshi have been arrested on 19.12.2024, therefore, he is not entitled for grant of bail. 3 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 applicant and the fact that there is only one criminal antecedents registered against the present applicants namely Anit and Munshi, charge-sheet has been filed against the applicants, the applicants are in jail since 19.12.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants, Anit, Munshi and Pratap, involved in POR No. 20735/14, registered at Police Station – Forest Circle OfÏcer - Sahaspur Lohara, District – Kabirdham (C.G.) for the offence punishable under Sections 02, 09, 39, 40, 50 and 51 of the Wild Life Protection Act, 1972, be released on bail on his furnishing a personal bond with two 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 sufÏcient 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 4 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 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 sufÏcient 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. 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 Rajshekhar