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2026 DAILYLAW 23933 (CHH)

NITIN KUMAR SONWANI v. STATE OF CHHATTISGARH

MCRC/3613/2026 · 2026-06-29

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Judgment text

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1 2026:CGHC:26678 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3613 of 2026 1. Nitin Kumar Sonwani S/o. Komaldas Sonwani Aged About 19 Years R/o. Village- Attada, Tehsil- Belgehna, Police Station Kota, District- Bilaspur Chhattisgarh. 2. Rooplal Sonwani S/o. Chandarlal Sonwani Aged About 29 Years R/o. Village- Attada, Tehsil- Belgehna, Police Station Kota, District- Bilaspur Chhattisgarh. 3. Sandeep Gandarv S/o. Gopal Prasad Gandarv Aged About 20 Years R/o. Village- Attada, Tehsil- Belgehna, Police Station Kota, District- Bilaspur Chhattisgarh. 4. Govind Prasad Gandarv S/o. Shiv Prasad Gandarv Aged About 54 Years R/o. Village- Attada, Tehsil- Belgehna, Police Station Kota, District- Bilaspur Chhattisgarh. ... Applicants versus State of Chhattisgarh Through- Forest Range Belgehna District- Bilaspur (C.G.) ... Non-applicant For Applicants : Mr. Vibhor Goverdhan, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.06.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. / P.O.R. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.01 11:24:11 +0530 2 No. 11386/2025 registered at Police Station – Forest Range, Belgehna, District - Bilaspur (C.G.), for the offences punishable under Sections 2(16), 9, 39(1)(2)(3), 50 and 51 of the Wild Life Protection Act, 1972. 2. As per the case of the prosecution, on 31.03.2026, information was received from an informer that, after hunting a wild boar, its meat had been cut into pieces and was being cooked at the house of Govind Prasad, a resident of Village Attada. Thereupon, a team of the Forest Department, Tenganmada, conducted a raid at the said house, from where cooked wild boar meat, along with a pan, lid, and spoon, was seized. On the basis of the statement of Govind Prasad, the forest officials searched for Nitin Sonwani, who was alleged to have hunted, cut, and cooked the wild boar. Subsequently, on the basis of the statement of Nitin Sonwani, his other alleged accomplices were apprehended and their statements were recorded. Thereafter, on the basis of the said statements, accused Ruplal Sonwani was taken to the spot where the wild boar was allegedly killed, and pieces of meat were seized. The investigating team also visited the concerned place, took photographs, prepared a spot panchnama, and seized the sticks, axes, and knives allegedly used in the commission of the offence. Thereafter, all the accused were brought to the Forest Rest House, Belgahna. Upon the alleged admission of the accused regarding the commission of the forest offence, P.O.R. Case No. 11386/25 was registered. Thereafter, alleging violation of Sections 2(16), 9, 39, 50, and 51 of the Wildlife (Protection) Act, 1972, all four accused were arrested on 01.04.2026. 3. Learned counsel for the applicants submits that the present applicants are innocent persons and have been falsely implicated in the aforesaid case. He further submits that the present applicants have no criminal antecedents. He submits that the other co-accused person, namely, 3 Ramkumar Arvind, vide order dated 04.06.2026 in MCRC No. 5056 of 2026, has already been granted regular bail by a co-ordinate Bench of this Court. He also submits that the applicants are in jail since 01.04.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand learned State counsel opposes the bail application of the present applicants and submits that the charge-sheet has already been submitted in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the other co-accused person, namely, Ramkumar Arvind, vide order dated 04.06.2026 in MCRC No. 5056 of 2026, has already been granted regular bail by a co-ordinate Bench of this Court. Moreover, the fact that the applicants have no criminal antecedents and the charge - sheet has already been submitted in the present case before the competent Court, the applicants are in jail since 01.04.2026, conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicants are entitled to be released on bail in this case. 7. Let the Applicants – Nitin Kumar Sonwani, Rooplal Sonwani, Sandeep Gandarv and Govind Prasad Gandarv, involved in Crime No. / P.O.R. No. 11386/2025 registered at Police Station – Forest Range, Belgehna, District - Bilaspur (C.G.), for the offences punishable under Sections 2(16), 9, 39(1)(2)(3), 50 and 51 of the Wild Life Protection Act, 1972, be released on bail on their furnishing 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 4 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 sufficient 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. (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 sufficient 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. 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 Abhishek