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2025 Supreme(Online)(Chh) 6985

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ
Jawahir S/o Sitaram – Appellant
Versus
State Of Chhattisgarh Through Station House Officer, Police Station- Forest Range Officer – Respondent
MCRC No. 4709 of 2025

Advocates:
For the Applicant(s): Sangeet Kumar Kushwaha
For the Respondent(s): Smriti Shrivastava

The court granted bail due to the applicants' lack of criminal antecedents and previous bail granted to co-accused under similar circumstances.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Wild Animals (Protection) Act, 1972 - Sections 9, 39, 39(a), 39(3), 40, 42, 44, 50, 51, 52 - Bail application - Applicants arrested for illegal hunting of Nilgai - Previous co-accused granted bail by this Court - Applicants have no criminal antecedents and charge-sheet filed - Entitled to bail considering the circumstances of the case. (Paras 6 and 7)

(B) Bail - Considerations for grant - Factors such as nature of offence, period of detention, and similarity in cases of co-accused should be taken into account in determining bail application. (Paras 3 and 6)

Facts of the case:
Applicants arrested for illegal hunting of wild animal; prior co-accused granted bail; applicants have been in jail since April 2025.

Findings of Court:
Applicants to be released on bail upon furnishing personal bond; multiple conditions imposed for compliance with trial procedures.

Issues: Whether the bail can be granted based on circumstances and previous bail granted to identical co-accused.

Ratio Decidendi: Court finds that circumstances and lack of prior criminal record justify bail; emphasis on compliance with trial court proceedings as a condition of bail.

Result: Application allowed.

Table of Content
1. nature of the crime and bail request. (Para 1 , 2)
2. arguments for and against bail. (Para 3)

Order on Board

20/06/2025

1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 21991/06 registered at Police Station Forest Range Officer, Forest Range Krishnanagar (Dhamni), District Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 9 , 39, 39(a), 39(3), 40, 42, 44, 50, 51, 52 of Wild Animals (Protection) Act, 1972.

2. Case of the prosecution, in brief, is that it is seen prima facie case of illegal hunting of wild animal Nilgai was found in the forest compartment number P 865, a place called 'Pawarikhoncha' under Forest Range Dhamni (Krishnanagar), hence, it was investigated. When the involvement of applicants were found in the investigation, a crime was registered and they were arrested. Hence, the bail application.

3. Learned counsel for the applicants submits that the applicants have not committed any offence and he has been falsely implicated in offence in question. He further submits that one of the identically situated co-accused, namely, Ramlahkhan has already been granted bail by this Court vide order dated16.06.2025 in MCRC No.4497/2025. The applicants are in jail since 13.04.2025, the applicants have no criminal antecedents, charge-sheet has been filed and the trial is likely to take some time for its conclusion.

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2025 Supreme(Online)(Chh) 6985

IN THE HIGH COURT OF CHHATTISGARH AT BILASPURRamesh Sinha, CJJawahir S/o Sitaram – AppellantVersusState Of Chhattisgarh Through Station House Officer, Police Station- Forest Range Officer – RespondentMCRC No. 4709 of 2025

The court granted bail due to the applicants' lack of criminal antecedents and previous bail granted to co-accused under similar circumstances.

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ
Jawahir S/o Sitaram – Appellant
Versus
State Of Chhattisgarh Through Station House Officer, Police Station- Forest Range Officer – Respondent
MCRC No. 4709 of 2025