GOURI MUDALIAR GOURI MUDALIAR Date: 2026.01.12 11:07:15 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 223 of 2026 Sammelal Yadav S/o Nainsingh Yadav Aged About 42 Years R/o Bilari, P.S. Rajadeori, District- Balodabazar-Bhatapara C.G. ... Applicant versus State Of Chhattisgarh Through Wildlife Sanctuary, Arjuni, District Balodabazar- Bhatapara C.G. ... Respondent For Applicant : Shri Atul Kumar Kesharwani, Advocate.

For : Ms. Ankita Shukla, PL.

Respondent/State Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

09/01/2026

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 applicant who has been arrested in connection with Crime No.(PRO No.) 16428/15 registered at Police Station/Forest Range- Forest Ranger Office, Arjuni, Forest Division, Balodabazar- Bhatapara (C.G.) for the offence punishable under Section 9 r/w Sections 2(16)(a), 2(16)(b), 2(16)(c), 39, 50 & 52 of Wildlife Protection Act, 1972.

2. Case of the prosecution, in brief, is that on 25.10.2025 Crime No. (PRO No.) 16428/15 was registered by the Forest Range Arjuni, Forest Division Balodabazar, for offences under Sections 9 read with Sections 2(16)(a), 2(16)(b), 2(16)(c), 39, 50, and 52 of the Wildlife (Protection) Act, 1972. It is alleged that on 25.10.2025, upon receiving information from an informant, officers/employees of the Forest Range Arjuni proceeded to the spot, where they discovered the body parts of a pregnant female Indian Bison (Bos gaurus) scattered at different locations at the place of incident, which is protected wild animal under Wildlife Protection Act. The incident resulted in the death of two wild animals the female bison and her unborn calf. During investigation, a memorandum statement of a co-accused was recorded, on the basis of which the present applicant was implicated in the case. The applicant was subsequently arrested on 28.10.2025.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and the allegations against him are primarily based on the memorandum statement of the co-accused. He would submit that no incriminating material, wildlife article, weapon, or any article used in the alleged offence has been recovered from the applicant and the applicant has been prosecuted merely on the basis of suspicion. He would submit that there is no allegation or evidence that the applicant was present at the scene of occurrence on 25.10.2025 when the carcass of the pregnant bison was found. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 28/10/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant.

4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal antecedents.

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, period of detention of the applicant since 28/10/2025, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case.

7. Accordingly, the bail application is allowed and it is directed that the Applicant- Sammelal Yadav, involved in Crime No.(PRO No.) 16428/15 registered at Police Station/Forest Range- Forest Ranger Office, Arjuni, Forest Division, Balodabazar- Bhatapara (C.G.) for the offence punishable under Section 9 r/w Sections 2(16)(a), 2(16)(b), 2(16)(c), 39, 50 & 52 of Wildlife Protection Act, 1972, be released on bail on his furnishing a personal bond with two s