1 2026:CGHC:1407 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 223 of 2026 Sammelal Yadav S/o Nainsingh Yadav Aged About 42 Years R/o Bilari, P.S. Rajadeori, District- Balodabazar-Bhatapara C.G. ... Applicant versus State Of Chhattisgarh Through Wildlife Sanctuary, Arjuni, District Balodabazar- Bhatapara C.G. ... Respondent For Applicant : Shri Atul Kumar Kesharwani, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.(PRO No.) 16428/15 registered at Police Station/Forest Range- Forest Ranger Office, Arjuni, Forest Division, Balodabazar- Bhatapara (C.G.) for the offence punishable under Section 9 r/w Sections 2(16)(a), 2(16)(b), 2(16)(c), 39, 50 & 52 of Wildlife Protection Act, 1972. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.12 11:07:15 +0530 2 2. Case of the prosecution, in brief, is that on 25.10.2025 Crime No. (PRO No.) 16428/15 was registered by the Forest Range Arjuni, Forest Division Balodabazar, for offences under Sections 9 read with Sections 2(16)(a), 2(16)(b), 2(16)(c), 39, 50, and 52 of the Wildlife (Protection) Act, 1972. It is alleged that on 25.10.2025, upon receiving information from an informant, officers/employees of the Forest Range Arjuni proceeded to the spot, where they discovered the body parts of a pregnant female Indian Bison (Bos gaurus) scattered at different locations at the place of incident, which is protected wild animal under Wildlife Protection Act. The incident resulted in the death of two wild animals the female bison and her unborn calf. During investigation, a memorandum statement of a co-accused was recorded, on the basis of which the present applicant was implicated in the case. The applicant was subsequently arrested on 28.10.2025. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and the allegations against him are primarily based on the memorandum statement of the co-accused. He would submit that no incriminating material, wildlife article, weapon, or any article used in the alleged offence has been recovered from the applicant and the applicant has been prosecuted merely on the basis of suspicion. He would submit that there is no allegation or evidence that the applicant was present at the scene of occurrence on 25.10.2025 when the carcass of the pregnant bison was found. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 28/10/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal antecedents. 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 of allegation levelled against the applicant, period of detention of the applicant since 28/10/2025, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Sammelal Yadav, involved in Crime No.(PRO No.) 16428/15 registered at Police Station/Forest Range- Forest Ranger Office, Arjuni, Forest Division, Balodabazar- Bhatapara (C.G.) for the offence punishable under Section 9 r/w Sections 2(16)(a), 2(16)(b), 2(16)(c), 39, 50 & 52 of Wildlife 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. 4 (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 sufficient 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 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 sufficient 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. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri