1 2026:CGHC:23044 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4585 of 2026 1 - Bhuvneshwar Netam S/o Fulsingh Netam Aged About 37 Years R/o Aamabahara, Thana Khallari (Nagri), District Dhamtari Chhattisgarh. 2 - Dwarika Prasad Dhruv S/o Sahnu Ram Aged About 23 Years R/o Aamabahara, Thana Khallari (Nagri), District Dhamtari Chhattisgarh. ... Applicant(s) versus 1 - State of Chhattisgarh Through Forest Range Risgaon, Sitanadi Sanctuary Nagari, District Dhamtari Chhattisgarh. ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Awadh Tripathi, Advocate For Respondent(s) : Mr. Priyank Rathi, Government Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14/05/2026 1. This first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who have been arrested in connection with P.O.R. No.31/751 registered at Forest Range – Risgaon, Sitanadi Sanctuary Nagari, District: Dhamatari C.G. for the offence punishable under Sections 26(1) of Indian Forest Act and Section 27, 29, 31, 50, 51 of Wildlife Protection Act. 2. The prosecution story in short is that under POR No. 31/751 from VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.15 18:20:08 +0530 2 Forest Range Risgaon, Sitanadi Sanctuary Nagari (U.C.T.R.), District Dhamtari, Chhattisgarh was perused. According to which, on 11.04.2026, during night patrolling in Risgaon range of Udanti Sitanadi Tiger Reserve core area Sitanadi Sanctuary, POR No. 31/751 dated 11.04.2026 has been registered against the accused Bhuneshwar Netam, Dwarika Prasad and Dhananjay who were involved in entering compartment No. 148 premises Joratarai without permission, illegally felling saja and mixed species trees and destroying the habitat of Schedule 01 wild animals, and then loading 1.15 Chatta firewood and 02 pieces of building saja wood weighing 0.153 cubic meter in the trolley of tractor No. CG 05 AL 6275 and attempting to illegally transport them. That, the co-accused Dhananjay has been granted bail by the Judicial Magistrate First Class, Nagari. 3. Learned counsel for the applicants submitted applicant is innocent and has falsely been implicated in the present case. It is further contended that only on the basis of mere suspicion and the present applicant has been falsely implicated in the alleged commission of said offence. He further submits that there are total three accused person and one co-accused, namely Dhananjay has already been granted bail by learned competent Court and present case arises out of the complaint case. He also submits that applicant No.2 has one criminal antecedents bearing P.O.R. No.38 of 932 registered at Forest Range – Udanti Sitandi Tiger Reserve for offence under Section 26(1), (a),(d) of Forest Act and Sections 27, 29, 31, 50, 51(1) of Wild life Protection Act, in which he has been granted bail. He also submits that applicants are in jail since 13.04.2026 therefore, he submits that the present applicants are entitled to be released on bail. 3 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of bail to the applicants. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case that in the present case, nature of allegation, submissions made by learned counsel for the parties and also considering the fact that one co-accused, namely Dhananjay has already been granted bail by learned competent Court, applicants are in jail since 13.04.2026, therefore, I am inclined to grant bail to the present applicants. 7. Let applicant No.1 Bhuvneshwar Netam and applicant No.2 Dwarika Prasad Dhruv, involved in P.O.R. No.31/751 registered at Forest Range – Risgaon, Sitanadi Sanctuary Nagari, District: Dhamatari C.G. for the offence punishable under Sections 26(1) of Indian Forest Act and Section 27, 29, 31, 50, 51 of Wildlife 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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaishali