1 CGHC010310952026 2026:CGHC:40195 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7528 of 2026 1 - Raja Janak S/o Mahendra Singh Aged About 27 Years R/o Village Torfa, P.S. Raghunathnagar, Distt. Balrampur Ramanujganj, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through S.H.O., P.S. Forest Range, Wadrafnagar, Distt. Balrampur Ramanujganj, Chhattisgarh. --- Non-applicant For Applicant : Mr. Pushkar Sinha, Advocate For Non-applicant : Mr. Keshav Gupta, GA Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 15.09.2026 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. 19029/2023, registered at Police Station : Forest Range Wadrafnagar, District-Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 9, 50, 51 and 52 of the Wildlife (Protection) Act, 1972. 2) The case of the prosecution, in brief, is that on 27.12.2024, the State 2 Flying Squad Team, Raipur, seized two pieces of elephant tusks from accused Dildar Singh and other accused persons, namely, Mohan Singh and Laxman Singh, near the Tehsil Office, Wadrafnagar, and registered a case against the accused persons for the offences under Sections 9, 50, 51 and 52 of the Wildlife (Protection) Act, 1972. 3) Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that in the present case, there are total of five accused persons, out of whom three accused persons have been granted bail by the learned trial Court and two accused persons have come up before this Court. He also submits that there is no recovery of elephant tusks from the possession of the present applicant; the same were recovered from the co-accused, namely, Dildar Singh, Mohan Singh and Laxman Singh, who have already been granted bail by the learned trial Court. The present applicant has been made an accused only on the basis of the memorandum statement of the co-accused. He further submits that the applicant is in jail since 05.07.2026, has no previous criminal antecedent, and in the present case, the charge-sheet has been filed 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 applicant. 4) On the other hand, the learned State counsel opposes the bail application and submits that in the present case, the charge-sheet has been filed before the competent Court and the applicant has no previous criminal antecedents. However, from the possession of the co-accused persons, two pieces of elephant tusks have been seized and, after taking the memorandum statement of the co-accused, the 3 present applicant was made an accused. Therefore, the present applicant is not entitled to the grant of bail. 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, the nature and gravity of the allegations levelled against the applicant, and the fact that in this case, there are total of five accused persons, out of whom three accused persons have been granted bail by the learned trial Court, and further considering the fact that there is no recovery of elephant tusks from the possession of the present applicant, the same having been recovered from the co-accused, namely, Dildar Singh, Mohan Singh and Laxman Singh, who have already been granted bail by the learned trial Court, and the present applicant has been made an accused only on the basis of the memorandum statement of the co- accused, and in the present case, the charge-sheet has been filed before the competent Court, and he is in jail since 05.07.2026, and the conclusion of the trial is likely to take some time, I am inclined to grant regular bail to the present applicant. Accordingly, the bail application filed under Section 483 of the BNSS, 2023 is allowed. 7. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:- 4 (i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court; (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, & (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Rakesh Mohan Pandey) JUDGE Rekha