2025:CGHC:14613 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2354 of 2025 Anandram Rathiya S/o Kiritram Rathiya Aged About 55 Years R/o Village Krondha, Police Station Dharamjaigarh, District Raigarh (C.G.)

... Applicant versus State of Chhattisgarh Through Forest Divisional Officer, Dharamjaigarh, District Raigarh (C.G.)

... Non-applicant For Applicant : Mr. Raghvendra Verma, Advocate For Non-applicant/State : Mr. Amit Verma, Panel Lawyer.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

26.03.2025

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 applicant who has been arrested in connection with Crime No. P.O.R. No. 14138/10 registered at Police Station – Forest Divisional Officer, Dharamjaigarh, District Raigarh (C.G.) offence under Sections 2, 9, 39, 51, and 52 of the Wildlife Protection Act.

2. As per the prosecution’s story, on the date of the incident, the respondent authorities were tracking a group of 13 elephants that RAHUL DEWANGAN had come from Chhal Forest Division, Khadgaon. A male elephant Digitally signed by RAHUL DEWANGAN was found dead in the field of the present applicant, and upon investigation, it was determined that the elephant had died due to electrocution. The respondent authorities discovered a shock panel charger, a battery, and a naked electric wire passing through the applicant’s field. A Panchnama was prepared, and the applicant was charged under Sections 2, 9, 39, 51, and 52 of the Wildlife Protection Act and was subsequently arrested.

3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He further submits that the applicant has been arrested only on the basis of suspicion and he has neither committed nor participated in any such act, which may amount to any of the offences, mentioned above. He further submits that the applicant has purchased the 12 KV solar shocking machine and has fenced his field by shocking machine for purpose of preventing the cattle from entering his field and to save his crops, and only 12 KV current was flowing in that wires, which is not sufficient to cause death of any cattle or any human being. It only gives a blow to the trace passer, but does not cause any injury or death. He further submits that the present applicant is farmer and sole bread earner of his family and he has no any previous criminal antecedents and he is in jail since 22.01.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant.

4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been submitted before the competent Court in the present case. He further submits that the death of the elephant was caused by electrocution due to the presence of a shock panel charger, battery, and naked electric wire found in the applicant’s field. The materials collected during the investigation, including the Panchnama, clearly establish the involvement of the applicant, therefore, he is not entitled for grant of bail.

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 that the applicant is a farmer and he has purchased the 12 KV solar shocking machine and has fenced his field by shocking machine for purpose of preventing the cattle from entering his field and to save his crops, he was never intended to cause death or any harm to any cattle, he was only intended to save his crops and further the charge-sheet has been submitted in the present case, the applicant is in jail since 22.01.2025, conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case.

7. Let the Applicant – Anandram Rathiya, involved in Crime No.

P.O.R. No. 14138/10 registere