Regular bail may be granted when the charge-sheet has been filed, the accused has no criminal antecedents, and the trial is expected to take a considerable amount of time.

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 POR No. 20892/2007, registered at Police Station – Forest Area Kapur, District – Raigarh (C.G.) for the offence punishable under Sections 2(2), (16), (20) (31), (32), (35), Section 9, 39 and 51 of the Wild Life Protection Act, 1972.

2. The case of the prosecution, is that on 17/12/25, the forest complex was inspected by the complex guard Naveen Gupta a report was lodged at Pasaudra that on 17/12/25, the team incharge Shri Deepak Kumar Porte (Range Assistant, Kapu) along with other officers / employees search the house of applicant in village Pasaudra under search warrant dated 15/12/25 of the duty Forest Divisional Officer Lalunga, in which some wire snares, GI wire snares, Peacock snare, Kothari horns, Wild boar's jaw with teeth, dried peacock meat and peacock feathers were found from the house of applicant. After searching the said material a case was registered against the applicant.

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 criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 16.01.2026 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 no 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 no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 16.01.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application.

7. Let applicant, Mohan, involved in POR No. 20892/2007, registered at Police Station – Forest Area Kapur, District – Raigarh (C.G.) for the offence punishable under Sections 2(2), (16), (20) (31), (32), (35), Section 9, 39 and 51 of the Wild Life Protection Act, 1972, 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 bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings agains