Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:16193
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 978 of 2026 1 - Shyamlal S/o Sonhar Dhruv Aged About 52 Years R/o Village Korgaon, P.S. Magarload, District Dhamtari Chhattisgarh 2 - Hemchand Gond S/o Basant Gond Aged About 37 Years R/o Village Belardona, P.S. Magarload, District Dhamtari Chhattisgarh
... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station - Forest Range Singpur, District Dhamtari Chhattisgarh
... Respondent(s) For Applicants : Mr. Prasoon Agrawal, Advocate For Respondent(s) : Ms. Monika Thakur, Panel Lawyer
Hon’ble Shri Ramesh Sinha, Chief Justice
Order on Board 08/04/2026
1. The applicants have preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as they have MADHURIMA THAKUR Digitally signed by MADHURIMA THAKUR Date: 2026.04.10 15:41:23 +0530
2 been arrested in connection with Crime No. 14907/2025, registered at Police Station- Forest Range Singpur, District- Dhamtari (CG) for the offence punishable under Sections 9, 39(1) (Ä), 39(3), (a), (b), (c), 2(16)(b), 48, 49(b), 50, 51 and 52 of the Wildlife Protection Act read with Section 2 and Section 26(1)(>) of the Wildlife Protection Act, 1972
2. The prosecution story in brief is that on 22.12.2025, an information was received at Forest Range Singpur, District Dhamtari (C.G.) that a leopard had fallen into a well located in Village Korgaon. The said leopard was found dead in Reserved Forest Compartment No. 23 of Village Korgaon. During inspection, it was found that the paws of all four legs of the dead leopard had been cut off, indicating illegal hunting allegedly involving the present applicants along with one other co-accused.
3. It was argued by the counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is further submitted by the learned counsel for the applicants that the present applicants have no previous criminal antecedents and is in jail since 22.12.2025 and the charge sheet has been presented. Also, the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant.
4.
Learned counsel for the State opposes the bail application and submits that the offence alleged is grave in nature involving poaching of a protected wild animal, which has serious ecological and environmental consequences. It is further submitted that such
3 offences need to be dealt with strictly. 5. I have heard learned counsel for the parties and perused the case diary. 6. The investigation has been completed and the charge-sheet has already been filed; thus, the custodial interrogation of the applicants is no longer required. The case against the applicants appears to be based primarily on circumstantial evidence, and there is no material placed on record at this stage showing direct involvement of the applicants in the act of hunting or mutilation. The applicants have no previous criminal antecedents and are in judicial custody since 22.12.2025, and the trial, considering the nature of evidence and number of witnesses, is likely to take considerable time for its conclusion. 7. Considering the totality of facts and circumstances of the case, the nature of allegations, the period of detention, the filing of the charge-sheet, absence of criminal antecedents, this Court is of the considered view that it is a fit case to extend the benefit of bail to the applicant, without commenting on the merits of the case. 8. Let the Applicants- Shyamlal and Hemchand Gond, involved in Crime No. 14907/2025, registered at Police Station- Forest Range Singpur, District- Dhamtari (C.G.) for the aforesaid offences be released on bail on their furnishing a personal bond each with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:-
4 (i) 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyay Sanhita, 2023.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicant fail 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 Bhartiya Nyaya Sanhita,
2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i)
5 opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 BNSS. If in the opinion of the trial court absence of the applicants is 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. 9. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/-
(Ramesh Sinha)
Chief Justice Madhurima