1 2026:CGHC:21496 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4279 of 2026 • Lakhan Lal Patel S/o Late Shri Nankun Patel Aged About 53 Years R/o Village- Devgav, Padigav, Police Station- Tamnar, District- Raigarh (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through Forest Division Council, Raigarh, District- Raigarh (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Pawan Kesharwani, Advocate For Respondent(s) : Ms. Ritika Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.05.2026 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. 4673/13, registered at Police Station – Forest Area Raigarh, District – Raigarh (C.G.) for the offence punishable under Sections 9, 39, 50, 51 of Wild Life (Protection) Act, 1972. 2. The case of the prosecution, is that on 23/01/2026 an information received from the informer with respect to illegal possession of Bear parts, then the deputy Forest Divisional issued a search warrant VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.08 18:16:03 +0530 2 against the present applicant and search was made in the house of the applicant by the officers of forest area Raigarh, where Bear parts were found and seized, and upon questioning, the present applicant told that Pankaj Sahu and Bharat Sahu kept the bear at home, Pankaj Sahu was searched, Pankaj Sahu in his statement admitted keeping the bear parts at Lakhan's house and accepted that the bear was hunted by Mittu, On 24/01/2026, after searching Mittu, he was arrested from his house and he admitted hunting and told that he had hunted the bear by making a snare with the wire of a motorcycle at room number 919 RF incident site. He told that after hunting the bear with Kalindar and Shatrughan Rathiya, he cut all the four legs and roasted them on fire near the pond on the edge of the village and cut them into small pieces and on his indication, three legs along with nails were found. The accused was arrested and Forest Crime Case No. 4673/13 was registered and applicant is arrested. 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 any criminal antecedents registered against the present applicant. It is further submitted that the present applicant is completely innocent and has been falsely implicated in the present case on baseless and fabricated grounds. It is submitted that the applicant has not committed any criminal act whatsoever. He further contended that the co-accused, namely Pankaj Kumar Sahu, in his statement, has specifically stated that he had kept the body parts of the deceased bear in a bag concealed within the bamboo structure used for drying clothes at the house of the present applicant. The said co-accused allegedly informed the applicant that he would collect the bag and the articles kept therein while returning, however, 3 he subsequently forgot to take the same. It is therefore submitted that no conscious possession or involvement of the present applicant is made out from the material available on record, and the applicant has been unnecessarily implicated in the present offence. Further, the charge-sheet has been filed in this case. The applicant is in jail since 24.01.2026 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 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 the fact that there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 24.01.2026 and conclusion of the trial is likely to take some time, considering the period of the detention of the applicant, I am inclined to allow this application. 7. Let applicant, Lakhan Lal Patel, involved in Crime No.4673/13, registered at Police Station – Forest Area Raigarh, District – Raigarh (C.G.) for the offence punishable under Sections 9, 39, 50, 51 of 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 4 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. (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