1 2026:CGHC:921 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9068 of 2025 Basant Kumar S/o Thakur Ram Rathiya Aged About 40 Years R/o Village Kerakhol, Ps And Tahsil Tamnar, Distt. Raigarh, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Forest Range O-cer, Forest Range Tamnar, Distt. Raigarh, Chhattisgarh. ... Non-applicant(s) For Applicants : Mr. Ashutosh Mishra, Advocate For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. POR No. 4781/2017, registered at Police Station : Forest Range O-ce-Tamnar, District-Raigarh (C.G.) for the o;ence punishable under Sections 9 and 51 of the Wildlife (Protection) Act, 1972. 2. The case of the prosecution, in brief, is that on 20.10.2025, a male Elephant was found dead in forest area of Kerakhol in Tahsil KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Tamnar District Raigarh C.G., it was found that the elephant came in contact with an electric wire which was installed for hunting by the accused persons. Thereafter accused persons Ramnath Rathiya and Bir Singh Manhi were arrested on suspicion and on the basis of memorandum statement made by them, the present applicant was arrested. Thereafter the report was lodged and investigation was initiated and o;ences under Section 9 and 51 of Wild Life Protection Act, 1972 was registered. 3. Learned counsel for the applicant submits that the applicant is innocent and has not committed any o;ence as alleged and has been falsely implicated in the present case without there being any direct or cogent evidence against him. It is submitted that the applicant has been implicated solely on the basis of the memorandum statement of a co-accused and no speci@c role has been attributed to him in the alleged o;ence. He further submits that the applicant is a political activist and his wife was elected as a Member of the District Development Council, Raigarh, in the year 2020, and due to political rivalry and ulterior motives, the present false case has been lodged against the applicant, for which the certi@cate of election has been annexed as Annexure-A/3. It is further submitted that the death of the elephant occurred due to inaction and negligence on the part of the Forest Department, and in order to shift the responsibility, the villagers including the present applicant have been falsely implicated. The applicant has been arrested merely on suspicion and his continued detention is causing undue mental agony to him and his family members and the 3 applicant is in jail since 21.10.2025 and he has no previous criminal antecedent and in the present case, charge-sheet has been @led before the competent Court and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicants. 4. Learned State Counsel opposes the bail application and submits that the present applicant is prima facie involved in the illegal act of laying an electric wire in the forest area for hunting, which resulted in the death of a protected wild animal, namely a male elephant. The applicant has been implicated during investigation on the basis of the memorandum statement of the co-accused and the material collected on record. The o;ences in question are grave in nature and have serious environmental and ecological consequences. Considering the seriousness of the o;ence and the manner of its commission, the applicant does not deserve the discretionary relief of bail at this stage. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the submissions advanced by learned counsel for the parties, the fact that the present applicant has been implicated primarily on the basis of the memorandum statement of the co- accused and no speci@c overt act has been attributed to him and the charge-sheet has already been @led, the applicant has been in custody since 21.10.2025 and has no previous criminal antecedents and the trial is likely to take considerable time for its conclusion, therefore, I am inclined to grant regular bail to the 4 present applicant. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the applicant, Basant Kumar, involved in Crime No./POR No. 4781/2017, registered at Police Station : Forest Range O-ce- Tamnar, District-Raigarh (C.G.) for the o;ence punishable under Sections 9 and 51 of the Wildlife (Protection) Act, 1972, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall @le an undertaking to the e;ect that he shall not seek any adjournment on the dates @xed 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 @xed, either personally or through his counsel. In case of his absence, without su-cient 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 @xed in such proclamation, then, the trial court shall initiate proceedings against him, in 5 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 @xed 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 are deliberated or without su-cient 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. 9. O-ce is directed to send a certi@ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal