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2026 DAILYLAW 16162 (CHH)

DINESH KODAKU v. STATE OF CHHATTISGARH

MCRC/1081/2026 · 2026-02-01

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1 2026:CGHC:5797 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1081 of 2026 • Dinesh Kodaku S/o Ratiram Kodaku Aged About 30 Years R/o Bilari, P.S. Saliha, District - Balodabazar-Bhatapara Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through Wildlife Sanctuary, Arjuni, District - Balodabazar-Bhatapara Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Atul Kumar Kesharwani, Advocate For Respondent/State : Mr. Soumya Rai, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.02.2026 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 Crime No. (PRO No.)16428/2025, registered at Police Station – Forest Ranger Officer, Arjuni, Forest Divison, District – Balodabazar (C.G.) for the offence punishable under Sections 9 read with Sections 2(16)(a), 2(16)(b), 2(16)(c), 39, 50, 51 and 52 of Wild Animal Life Protection Act, 1972. 2. The case of the prosecution, is that on 25.10.2025 Crime No. (PRO No.) 16428/15 was registered by the Forest Range Arjuni, Forest VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.03 17:58:43 +0530 2 Division Balodabazar, for offences under Sections 9 read with Sections 2(16)(a), 2(16)(b), 2(16)(c), 39, 50, 51 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. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant and only on the basis of co-accused person, present applicant is implicated in crime in question. He further submits that co-accused has already been granted bail by this Court in MCRC No.223 of 2026 vide order dated 09.01.2026. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 28.10.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. 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, 3 charge-sheet has been filed against the applicant, co-accused has already been granted bail by this Court in MCRC No.223 of 2026 vide order dated 09.01.2026. The applicant is in jail since 28.10.2025, and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Dashrath involved in Crime No.56/2025, registered at Police Station – Kotadol, District – Manendragarh-Chirmiri-Bharatpur (C.G.) for the offence punishable under Sections 4, 6, 10 of Chhattisgarh Krishak Parirakshan and 11(1)(8) of Wild Animal Life Protection Act, 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 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. 4 (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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali