The court held that applicants are entitled to regular bail on the ground of parity when co-accused in an identical case have already been granted bail and the charge-sheet has been filed.

Order on Board

1. This is the first bail application filed under Section 483 of the Bharatiya Narik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime/POR No. 16428/15 registered at Police Station - Forest Range Arjuni, District- Balodabazar Bhatapara, (C.G.) for the offence punishable under Sections 9 r/w Section 2(16)(a), 2(16)(b), 2(16)(c), 39, 50, 51 and 52 of Wildlife Protection Act.

2. Case of the prosecution, in nutshell, is that on 25.10.2025, information was received regarding the hunting of a female wild bison and that certain body parts of the said animal were lying in the forest area of Range Arjuni. It was further informed by the informant that some persons residing in the nearby local area were involved in the said hunting. Thereafter, a sniffer dog team was called from Udanti Sitanadi Tiger Reserve, Gariyaband, for investigation. During the course of investigation, one Krishna Kumar was apprehended on suspicion and his memorandum statement was recorded, wherein he allegedly named the present applicants along with other persons. On the basis of the said memorandum statement, the officers of the Forest Department arrested the present applicants for the alleged commission of the said offences. Hence, this bail application.

3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is submitted that similarly situated co-accused person, namely, Sameelal Yadav has already been granted bail by this Court vide order dated 09.01.2026 in MCRC No. 223/2026 and on the basis of the said order another co-accused, namely, Jagdish and Abhimanyu Bariha, have already been granted bail by this Court vide order dated 13.03.2026 in MCRC No. 2419/2026. He also submits that the applicant No.1 has no criminal antecedents and applicant No. 2 has one previous criminal antecedents, and they are in jail since 15.04.2026, the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants on the ground of parity.

4. On the other hand, learned counsel for the State opposes the bail application of the applicants and submits that the charge-sheet has been filed before the competent Court, but could not dispute the fact that co-accused persons have already been granted bail by this Court and the case of the present applicants is identical to that of the co-accused.

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 and gravity of offence, the fact that though there are allegations that the applicants along with other co-accused persons committed the said crime, but co-accused person, namely, Sameelal Yadav has already been granted bail by this Court vide order dated 09.01.2026 in MCRC No. 223/2026 and on the basis of the said order another co-accused, namely, Jagdish and Abhimanyu Bariha, have already been granted bail by this Court vide order dated 13.03.2026 in MCRC No. 2419/2026, and the case of present applicants is identical to that of the co-accused persons, further appliant No. 1 has no previous criminal antecedents and applicant No. 2 has one previous criminal antecedents, the charge-sheet has been filed in the present case, they are in jail since 15.04.2026 and trial is likely to take sometime for its conclusion, and hence, this Court is of the view that the app