Order on Board

03.03.2025

1. The applicants have preferred this First Bail Application under Section

483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Forest Crime No. (P.O.R. Number)- 13151/05, registered at Police Station –Forest Range OfÏcer, Forest Range - Takhatpur, District - Bilaspur(C.G.) for the offence punishable under Sections – 9, 39, 50 and 51 of the Wild Life Protection Act, 1972.

2. The case of the prosecution, is that the staff of Achanakmar Tiger Reserve, State Level Flying Squad, Forest Range Mungeli and Bilaspur Forest Range Takhatpur received an information about the death of a Wild Elephant near forest area No. 94 which was situated near ECO sensitive zone. During investigation it was found that the spot where the dead body of the wild elephant was found belonged to the co accused, namely, Kamal Singh and Manoj and the co accused persons who were in illegal possession of the land and cultivating the land. Further, the co-accused persons in collusion with present applicants, had laid an electrified wire to hunt wild boars. The wild elephant came into contact with the live wire and died as a result so on the basis of the said information, a forest crime report (P.O.R. No. 13151/05) was registered under Sections 9, 39, 50, and 51 of the Wildlife Protection Act, and after completion of investigation charge-sheet has been filed.

3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the co-accused persons, namely, Kamal Singh and Manoj Markam have already been granted bail by this Court vide order dated 20.02.2025 passed in MCRC No. 8751/2024. He further submitted that the present applicants have been falsely implicated and on the basis of memorandum statement of the co-accused persons they have been arrested. It is further submitted that the applicants have no previous criminal antecedents. He also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 10.11.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail.

4. On the other hand, the learned State counsel opposes the bail application and submits the charge-sheet has been filed in this case. He further submits that the applicants, in collusion with other co-accused, caused the death of an elephant by passing electric current through it, therefore, he is not entitled for grant of bail.

5. I have heard learned counsel for the parties and perused all of the documents available on record.

6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the co-accused persons, namely, Kamal Singh and Manoj Markam have already been granted bail by this Court vide order dated 20.02.2025 passed in MCRC No. 8751/2024, further the applicants have no previous criminal antecedents, further the charge-sheet has been filed against the applicant, the applicants are in jail since 10.11.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application.

7. Accordingly, the bail application is allowed. Let the applicant Nos. 1 and

2 - Ramkhilawan and Devraj, involved in Forest Crime No.(P.O.R. Number)- 13151/05, registered at Police Station – Forest Range OfÏcer, Forest Range Takhatpur, District – Bilaspur (C.G.) for the offence punishable under Sections – 9, 39, 50 and 51 of the Wild Life Protection Act, 1972, be released on bail on his furnishing a personal bond with two sureties each in the like sum 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 court. In case of default of this condition, it shall be open f