1 2025:CGHC:9801 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 983 of 2025 1 - Shyamsunder Giri S/o Ramashankar Giri Aged About 35 Years R/o Gobardaha, Police Out- Check Post - Balangi, P/s Raghunathnagar, Distt. - Balrampur- Ramanujganj (C.G.). 2 - Subas S/o Ramashankar Giri Aged About 40 Years R/o Gobardaha, Police Out- Check Post - Balangi, P/s Raghunathnagar, Distt. - Balrampur- Ramanujganj (C.G.). ... Applicant(s) versus State Of Chhattisgarh Through Assistant Forest Range - Balangi, Forest Range Officer, Raghunathnagar, Distt- Balrampur - Ramanujganj (C.G.). ... Non-Applicant(s) For Applicant(s) : Mr. Rahul Mishra, Advocate For Non-Applicant(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/02/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for 2 grant of regular bail to the applicants who have been arrested in connection with Forest Crime No. 20090/2008 registered at Police Station Assistant Forest Range - Balangi, Forest Range Officer, Raghunathnagar, Distt- Balrampur - Ramanujganj (C.G.) for the offence punishable under Sections 33(1)(ग) of Indian Forest Act, 2(2) of Forest Conservation Act and 3(1) of Prevention of Damage to Public Property Act, 1984. 2. Case of the prosecution, in brief, is that on 14.09.2024, the applicants had destroyed 1100 plants after removing fencing pole- wire in the land bearing Rakba 0.400 hec, situated at forest area – Gobardaha, it is alleged that the applicants have encroached upon the said forest land, therefore, the aforesaid offences have been registered against the applicants and on 09.01.2025, the present applicants have been arrested and after investigation the charge- sheet has been filed against the present applicants. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that the applicants having possession over the said land since their ancestral life time and the Forest OfÏcials had forcefully dispossess the present applicants from their land. He also submits that the Forest Range OfÏcer is not the competent authority to submit charge-sheet under Section 2(2) of Forest Conservation Act and Section 3(1) of Prevention of Damage to Public Property Act, 1984, he can only file complaint case under Section 223 of the BNS. The applicants are in jail since 09.01.2025, the applicants have no criminal antecedent, charge- 3 sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that applicants had encroached the land and destroyed 1100 plants after removing fencing pole- wire in the land bearing Rakba 0.400 hec, situated at forest area – Gobardaha, further the applicants have criminal antecedents under preventive measure, therefore, the applicants are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 09.01.2025, the fact that though the applicants had encroached the land and destroyed 1100 plants after removing fencing pole-wire in the land bearing Rakba 0.400 hec, situated at forest area – Gobardaha, but they have no criminal antecedents against them, besides cases under preventive measures, further the charge-sheet has been filed in the present case, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. 7. Let the Applicants-Shyamsunder Giri and Subas, involved in Forest Crime No. 20090/2008 registered at Police Station Assistant Forest Range - Balangi, Forest Range Officer, Raghunathnagar, 4 Distt- Balrampur - Ramanujganj (C.G.) for the offence punishable under Sections 33(1)(ग) of Indian Forest Act, 2(2) of Forest Conservation Act and 3(1) of Prevention of Damage to Public Property Act, 1984, be released on bail on their 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 sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (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. 5 (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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil