Biselal Sahu vs State Of Chhattisgarh

Citation : 2026 Latest Caselaw 758 Chatt
Judgement Date : 19 March, 2026

[Cites 5, Cited by 0]

Chattisgarh High Court

Biselal Sahu vs State Of Chhattisgarh on 19 March, 2026

Author: Ramesh Sinha
Bench: Ramesh Sinha
                                                           1




         Digitally
                                                                           2026:CGHC:13272
         signed by

                                                                                         NAFR
         VAISHALI
VAISHALI LUCKY
LUCKY    NAGARIA
NAGARIA Date:
         2026.03.19
         17:47:56
         +0530

                                  HIGH COURT OF CHHATTISGARH AT BILASPUR


                                               MCRC No. 2057 of 2026

                        •   Biselal Sahu S/o Jahar Singh Sahu Aged About 59 Years R/o Village
                            Botesur, Police Station Singhapuri Jangal, Tahsil Sahaspur Lohara,
                            District Kabirdham (C.G.)
                                                                                  ... Applicant(s)
                                                        versus
                        •   State Of Chhattisgarh Through- Forest Range Officer, Sahaspur
                            Lohara, District Kabirdham (C.G.)
                                                                                ... Respondent(s)

(Cause title is taken from Case Information System) For Applicant(s) : Mr. Ajit Kumar Singh, Advocate For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 19.03.2026

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 2 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.

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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 bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial 4 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 against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita.
(iv) The applicant 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 him 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 Vaishali