Order on Board

1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to the applicants who have been arrested in connection with Crime/POR No. 16428/15 registered at Police Station - Forest Range Arjuni, District- Balodabazar Bhatapara, (C.G.) for the offence punishable under Sections 9 r/w Section 2(16) (a), 2(16)(b), 2(16)(c), 39, 50, 51 and 52 of Wildlife Protection Act.

2. Case of the prosecution, in nutshell, is that on 25.10.2025, information was received regarding the hunting of a female wild bison and that certain body parts of the said animal were lying in the forest area of Range Arjuni. It was further informed by the informant that some persons residing in the nearby local area were involved in the said hunting. Thereafter, a sniffer dog team was called from Udanti Sitanadi Tiger Reserve, Gariyaband, for investigation. During the course of investigation, one Krishna Kumar was apprehended on suspicion and his memorandum statement was recorded, wherein he allegedly named the present applicants along with other persons. On the basis of the said memorandum statement, the officers of the Forest Department arrested the present applicants for the alleged commission of the said offences. Hence, this bail application.

3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is submitted that the names of the applicants are not mentioned in the POR/FIR and they have been implicated only on the basis of suspicion without any cogent or reliable evidence to show that they were involved in the alleged hunting of the wild animal (Bison). It is further submitted that the alleged incident is said to have taken place on 25.10.2025 and during investigation the co-accused persons namely Kaushal and Rajendra were called, who merely named the present applicants in their statements and except such statements of co-accused persons there is no material evidence against the applicants. It is also submitted that the body parts of the wildlife animal were allegedly seized from an open place in the forest area and were buried by the officers of the Forest Department, and only on the basis of the memorandum statement of the co-accused the applicants have been implicated and sought to be arrested. He further submits that no wildlife animal has been hunted by the present applicants and even the sniffer dog did not identify the applicants as hunters, however, due to previous ill-will the co-accused persons have falsely named the applicants. It is further submitted that the Forest Officers have not conducted a proper investigation and have filed the charge-sheet against the co- accused persons while showing the present applicants as absconding, though the applicants are permanent residents of Forest Village Bilari (Jha) and have not committed any such offence. It is lastly submitted that similarly situated one of the co- accused person, namely, Sammelal Yadav has already been granted bail by this Court vide order dated 09.01.2026 in MCRC No. 223/2026 and on the basis of the said order another co- accused, namely, Dinesh Kodaku, has already been granted bail by this Court vide order dated 02.02.2026 in MCRC No. 1081/2026. He also submits that the applicants have no criminal antecedents, and they are in jail since 26.02.2026, the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants on the ground of parity.

4. On the other hand, learned counsel for the State opposes the bail application of the applicants and submits that the charge-sheet has been filed before the competent Court, but could not dispute the fact that co-accused persons have already been granted bail by this Court and the case of the present applicants is identical to that of the co-accused.

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, the fact that though there are allegations that the applicants along with other co-accused persons committed the said crime, but one of the co-accused person, namely, Sammelal Yadav has already been granted bail by this Court vide order dated 09.01.2026 in MCRC No. 223/2026 and on the basis of the said order another co-accused, namely, Dinesh Kodaku, has already been granted bail by this Court vide order dated 02.02.2026 in MCRC No. 1081/2026, and the case of present applicants is identical to that of the co-accused persons, further the applicants have no previous criminal antecedents, the charge-sheet has been filed in the present case, they are in jail since 26.02.2026 and trial is likely to take sometime for its conclusion, and hence, this Court is of the view that the applicants are entitled to be released on bail in this case on the ground of parity.

7. Accordingly, the bail application of the applicants is allowed. Let the Applicants - Jagdish and Abhimanyu Bariha, involved in Crime/POR No. 16428/15 registered at Police Station - Forest Range Arjuni, District- Balodabazar Bhatapara, (C.G.) for the offence punishable under Sections 9 r/w Section 2(16)(a), 2(16)(b), 2(16)(c), 39, 50, 51 and 52 of Wildlife Protection Act, be released on bail on furnishing personal bond with two 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 they 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita.

          (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, 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 applicants are 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.