1 2026:CGHC:16383 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3174 of 2026 1. Mahetaru S/o Shri Sarju Aged About 45 Years By Caste Kanwar, R/o Village - Alda, Thana And Tehsil - Kasdol, Distt. Balodabazar-Bhatapara Chhattisgarh 2. Shivsewak Dhruv S/o Shri Pardeshi Dhruv Aged About 49 Years R/o Village - Alda, Ward No. 10, Gaura Chowk, Thana And Tehsil - Kasdol, Distt. Balodabazar-Bhatapara Chhattisgarh ... Applicants versus The State of Chhattisgarh Through The Forest Range Officer, Forest Range Baldakachhar, Distt. Balodabazar-Bhatapara Chhattisgarh ... Non-applicant For Applicants : Mr. Sunil Sahu, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 09.04.2026 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/POR No. 16411/07 registered at Police Station : Forest Range Baldakachhar, District Balodabazar - Bhatapara (C.G.) for the offence punishable under Sections 2, 9, 39, 48(A), 49, 50 and 51 of the Wild Life Protection Act, 1972. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.04.10 11:17:05 +0530 2 2. The prosecution story, in brief, is that on 29.01.2026, information was received regarding the hunting of wild animals by the applicants and that they had kept the body parts of wild animals in their houses. Acting upon the said information, the forest officers conducted a search of the house of applicant Shivsewak and allegedly seized two leopard teeth, along with other body parts lying in the house. They also found and seized 5 kg of GI wire and pesticides kept in a box. Thereafter, a search was conducted at the house of Mehtaru, where 0.054 kg of turtle meat, a skeleton of a monkey, clutch wire weighing 1.360 kg, and GI wire weighing 0.640 kg were seized. The applicants were directed to produce valid documents, however, they failed to give any satisfactory explanation. Consequently, the forest officers arrested them, and after completion of the investigation, filed the charge sheet on 22.03.2026. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. He submits that the applicants are agriculturists residing in forest villages. They keep pesticides in their houses for agricultural purposes, and the GI wire seized from them is easily available in the open market and is commonly used by villagers for fencing their fields. He also submits that the teeth allegedly seized from the house of applicant No. 2 were sent for examination, however, till the filing of the charge sheet, no expert report had been received to establish that the said teeth belong to a wild animal. He submits that the applicants have no past criminal antecedents and were not involved in the alleged commission of the offence. However, due to a dispute that arose between the applicants and the forest officers, they have been falsely implicated in the present fabricated case. He submits that the body parts of the wild animals were allegedly seized from an open place in the forest area and were buried by the forest 3 department officers. The present applicants have been arrested solely on the basis of statements of villagers. He submits that the present applicants have no criminal antecedents and they are in jail since 30.01.2026, 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 been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicants have no criminal antecedents, also considering the fact that the charge-sheet has already been submitted in the present case before the competent Court and the present applicants are in jail since 30.01.2026 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicants are entitled to be released on bail in this case. 7. 7. Let applicants, Mahetaru and Shivsewak Dhruv, involved in Crime/POR No. 16411/07 registered at Police Station : Forest Range Baldakachhar, District Balodabazar - Bhatapara (C.G.) for the offence punishable under Sections 2, 9, 39, 48(A), 49, 50 and 51 of the Wild Life Protection Act, 1972, be released on bail on their furnishing a personal bond with two sureties each in the like amount 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 4 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