Chattisgarh High Court
Kunwar Singh vs The State Of Chhattisgarh on 25 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:14417
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2825 of 2026
1 - Kunwar Singh S/o Jugut Baiga Aged About 35 Years R/o Village
Jampani, Police Station And Tahsil Bodla, District- Kabirdham (C.G.)
VAIBHAV
2 - Dashru S/o Savnu Baiga, Aged About 40 Years R/o Village Jampani,
SINGH
Digitally signed
by VAIBHAV
SINGH
Police Station And Tahsil Bodla, District- Kabirdham (C.G.) ... Applicants
Date: 2026.03.27
11:54:58 +0530
versus
State Of Chhattisgarh Through Forest Range Officer, Range Kawardha
District- Kabirdham , Chhattisgarh ...Non-applicant
For Applicants : Mr. Amit Kumar Sahu, Advocate
For Non-Applicant/State : Mr. Sourabh Sahu, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
25.03.2026
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 have been arrested in connection with Crime No./P.O.R.No. 21614/13 registered at Police Station - Forest Range Officer, Range Kawardha District- Kabirdham (C.G.), for the offences 2 punishable under Section 9 read with Sections 2(16)(A)(B), 32, 39, 44(B) read with section 2, section 20, Section 50, 51 of Wild Life (Protection) Act, 1972 and sections 3 & 4 of Prevention of Damage to Public Property Act, 1984.
2. Case of prosecution story in short is that, in the morning of 16.12.2025 the forest constable namely Anil Rajput was on patrolling at that time he was received an information that in the forest range no. 47 an animal has been died on this basis he went to the spot and seen that two Bison were died, then he informed the higher authority and during investigation came to knowledge that the applicants were illegally hocked and laid in the forest through G.I. wire and the animals were contacted with the wire and died on the spot, on this basis the crime has been registered and arrested the applicants.
3. Learned counsel for the applicants submitted that the applicants are innocent person and have been falsely implicated in this offence. it is submitted that they are neither the landholders of the alleged spot nor have they indulged in any illegal act. There is no eyewitness to the alleged incident, and even the forest constable has not recovered any illegal article from the place of occurrence. The applicants have been implicated merely on the basis of suspicion, and significantly, the dead body of the alleged bison has not been found. The case is triable by the Magistrate, and the applicants have been in judicial custody since 17.12.2025. They are permanent residents of the address mentioned in the cause title and there is no likelihood of their absconding. The applicants are ready and willing to furnish adequate sureties and undertake to abide by all the directions of this Hon'ble Court. 3
4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed in the present case.
5. I have heard learned counsel for the parties and perused the case diary.
6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicants have no previous antecedents and also considering the fact that the charge-sheet has been filed and they have been in jail since 17.12.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicants.
7. Let the Applicants - Kunwar Singh & Dashru involved in Crime No./P.O.R.No. 21614/13 registered at Police Station - Forest Range Officer, Range Kawardha District- Kabirdham (C.G.), for the offences punishable under Section 9 read with Sections 2(16)(A)(B), 32, 39, 44(B) read with section 2, section 20, Section 50, 51 of Wild Life (Protection) Act, 1972 and sections 3 & 4 of Prevention of Damage to Public Property Act, 1984, be released on bail on his furnishing personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:-
(i) The applicants 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 applicants 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 his under 4 Section 269 of Bharatiya Nyaya Sanhita.
(iii) In case, the applicants misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita.
(iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law.
8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha) Chief Justice Vaibhav