1 CGHC010339952026 2026:CGHC:39565 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8399 of 2026 1 - Tikeshwar Prasad Rajwade S/o Ramlal Aged About 38 Years R/o Village Dharsedi, P.S. Odagi, Distt- Surajpur, (Chhattisgarh) --- Applicant versus 1 - State Of Chhattisgarh Through P.S. Forest Ranger Officer, Forest (Range) Surajpur, District- Surajpur (Chhattisgarh) ---- Respondents For Applicant : Mr. Anmol Gupta, Advocate For Respondent : Ms. Shailja Shukla, G.A. Hon'ble Shri Justice Parth Prateem Sahu Order On Board 09/09/2026 1. Applicant has filed this first bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No./Forest Offence Case No. 809/2024, registered at Police Station – Forest Ranger Officer, Forest (Range) Surajpur, District Surajpur for offence punishable under Section 9, 39, 44, 48 (A), 49 (B), 50 (c), 51 (1-A), 51 (1-B) of the Wildlife (Protection) Act, 1972. 2. That, the prosecution case, in brief, is that on 28.07.2026, acting upon secret information and pursuant to the directions of WCCB, Central Region, Bhopal, and the Forest Range Officer, Surajpur, a joint team of Forest Department officials and WCCB personnel conducted a search and blockade at Dharsedi Road, Kuro Patri, Village Baijnathpur, in the presence of local witnesses. The accused person, who arrived on a BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN 2 motorcycle from the side of Dharsedi Village, were intercepted and searched. One bag allegedly containing tiger skin and two bags containing approximately 4–5 kg of pangolin scales were recovered from his possession. As he failed to produce any valid documents or authority for possessing the said wildlife articles, the same, along with the Honda Shine motorcycle bearing Registration No. CG 15 DN 7494, were seized and applicant has been arrested. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and has been falsely implicated in the offence in question. He submits that the applicant is a poor villager who earns his livelihood by collecting and selling fallen and dry wood from the forest. It is further submitted that the applicant had some disputes with officials of the Forest Department, due to which he has been falsely implicated in the present case. It is next contended that alleged tiger skin and pangolin scales has not been seized from the exclusive possession of the applicant. Applicant has no previous criminal antecedents and he is in jail since 28.07.2026. Therefore, learned counsel prays for grant of bail to the applicant. 4. Learned counsel for State, opposing the submissions advanced by learned counsel for applicant, submits that the allegations against applicant are serious and involve illicit possession of protected wildlife articles. It is contended that, at the time of interception, the applicant was found in possession of prohibited wildlife articles i.e. pangolin scales and tiger skin, which were being carried without any valid document, licence or lawful authority. Hence, the applicant is not entitled to be released on bail. 3 5. I have heard learned counsel for the parties. 6. Taking into consideration facts and circumstances of the case, the nature and gravity of the offence, the fact that the applicant has been in custody since 28.07.2026, and he has no previous criminal antecedents without commenting anything on merits of the case, I am inclined to allow the bail application. 7. Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that- (a) 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. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through him counsel. In case of him absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) 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. (d) 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 4 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/- (Parth Prateem Sahu) Judge Balram