Order on Board

1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. POR No.21608/02 registered at Police Station – Forest Range, Sahaspur Lohara District – Kabirdham (C.G.) for the offence punishable under Sections 9, 2, 50, 51 of Wild Life (Protection) Act, 1972 and Section 3 of Prevention of Damage to Public Property Act, 1984 (As per final report “From Challan”).

2. The case of the prosecution, is that on 14.12.2025, based on a tip-off received from an informant, the Forest Department conducted an inspection at Protected Forest Compartment No. 292, Motimpur, Forest Range Sahaspur Lohara, District Kabirdham (C.G.). During inspection, the carcass of a leopard (Panthera pardus) was found in a mutilated and decomposed state. The body was blackened, internal organs like intestines and kidneys were missing, the ears were cut, the upper part of the head was damaged, and three canine teeth and claws were missing. This indicated that the animal was killed unlawfully and possibly skinned for its parts.

3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no any criminal antecedents registered against the present applicant. It is stated that the alleged evidence based on the dog squad's tracking is unsubstantiated, the story linking the leopard's death to GI wire found at the applicant's house is presumptive, unverified, and lacks any independent confirmation and there is no evidence of electric wire being connected to the field where the animal was found, and the carcass was discovered deep in the forest, not near the applicant's property and local villagers did not witness or report any such incident. He also submits that no chemical or forensic report conclusively proves that the leopard - died due to electric shock or any trap connected with the applicant. The recovery of articles from the applicant's house is alleged, and the prosecution story appears constructed and apprehensive. The charge-sheet was filed against the applicant, an old person with no prior criminal record. The applicant is in jail since 16.12.2025 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 that there is one criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case.

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 there is only one criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 16.12.2025 and conclusion of the trial is likely to take some time, considering the period of detention of the applicant, I am inclined to allow this application.

7. Let applicant, Biselal Sahu, involved in Crime No. -POR No.21608/02 registered at Police Station – Forest Range, Sahaspur Lohara District – Kabirdham (C.G.) for the offence punishable under Sections 9, 2, 50, 51 of Wild Life (Protection) Act, 1972 and Section 3 of Prevention of Damage to Public Property Act, 1984 (As per final report “From Challan”). be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:-

(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 b