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2026 DAILYLAW 26254 (CHH)

AGHNURAM v. STATE OF CHHATTISGARH

MCRC/3925/2026 · 2026-07-09

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1 CGHC010148552026 2026:CGHC:28940 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3925 of 2026 1 - Aghnuram S/o Bhaduram Caste -Gond Aged About 43 Years R/o Village - Amanara, Police Station And Tahsil - Bodla, District - Kabirdham (C.G.) 2 - Santram Dhurve S/o Bihari Dhurve Caste-Gond Aged About 43 Years R/o Village- Chorbhatthi, Police Station And Tahsil - Bodla, District - Kabirdham (C.G.) ... Applicants versus State Of Chhattisgarh Through - Forest Range Officer, Forest Range Kawardha, District - Kabirdham (C.G.) ... Non-applicant For Applicants : Mr. Chandrikaditya Pandey, Advocate. For Non-applicant : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.07.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Forest Crime (P.O.R.) No. 20730/17, registered at Police Station – Forest Range Officer, Forest Range Kawardha, District Kabirdham (C.G.) for 2 the offence punishable under Sections 9 read with Section 2(16), 39(2), 44 read with Section (2), 50, 51 & 52 of the Wild Life Protection Act, 1972. 2. Case of the prosecution, in brief, is that the Forest Range Assistant Officer, Forest Range, Kawardha received an information on 20.03.2026 from informant to the effect that accused persons in village Gudli and Charebhatti have haunted wild animals in their home and forest area RF 64 premises Sukuwara and kept their skin and other remains. On the basis of above information, State Level Flying Squad alongwith local forest staff went the house of applicants and on being searched, 03 teeth of wild animal leopard, 02 teeth along with jaw and 01 separate tooth were recovered and seized from the house of applicant No. 2 – Santram Dhurve. It is further alleged that applicant No. 1 – Aghnaram alongwth applicant No. 2 - Santram Dhurve took the skin of the wild animal leopard to a Tantric for the purpose of Tantric rituals and thereby committed the aforesaid offences. 3. Learned counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in the crime in question. He further submits that the case is triable by Judicial Magistrate First Class and the maximum sentence of the offence as per the Wild Life Protection Act is maximum 3 years or fine or both. The applicant is in detention since 21.03.2026, no criminal antecedent has been reported against the applicant and the fact that trial is likely to take some considerable time for its conclusion, therefore, the applicant may be enlarged on bail. 4. On the other hand, counsel for the State submits that leopard 3 (panthera Pardus) is a schedule animal under the Wild Life Protection Act and 03 teeth of wild animal leopard, 02 teeth along with jaw and 01 separate tooth were seized was seized from the applicants, therefore, they are not entitled to be released on bail. 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 applicants and the fact that the applicants are in detention since 21.03.2026; no criminal antecedents have been reported against them; the offences are triable by Judicial Magistrate First Class, and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants – Aghnuram and Santram Dhurve, involved in Forest Crime (P.O.R.) No. 20730/17, registered at Police Station – Forest Range Officer, Forest Range Kawardha, District Kabirdham (C.G.) for the offence punishable under Sections 9 read with Section 2(16), 39(2), 44 read with Section (2), 50, 51 & 52 of the Wild Life Protection Act, 1972. , be released on bail on each of them furnishing a personal bond with two sureties 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 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 4 court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant 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. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of passing of this order, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.07.13 15:19:27 +0530