[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
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.
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
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
