[Cites 11, Cited by 0]
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
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.
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
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
