Ramanujganj (C.G.) v. State Of Chhattisgarh Through
Case Details
1 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2025:CGHC:17157 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2587 of 2025 1 - Sandeep Kumar Khalkho S/o Neel Prakash Khalkho Aged About 28 Years R/o Injani, Thana- Chalgali, Distt.- Balrampur-Ramanujganj (C.G.) 2 - Shanidev S/o Jagdish Aged About 30 Years R/o Savitripur, Thana- Chalgali, Distt.- Balrampur-Ramanujganj (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Forest Range-Wadrufnagar, Distt.- Balrampur-Ramanujganj (C.G.) ... Non-applicant(s) For Applicants
Legal Reasoning
: Mr. Prashant Sahu, Advocate For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice 15.04.2025 Order on Board 1. Proceedings of this case have been taken through video conferencing. 2. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 19029/2023, registered at Police Station : Forest Range 2 Wadrafnagar, District-Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 9, 50, 51 and 52 of the Wildlife (Protection) Act, 1972. 3. The case of the prosecution, in brief, is that on 27.12.2024, the State flying squad team, Raipur had seized two pieces of elephant tusks from accused Dildar Singh and others accused Mohan Singh and Laxman Singh near the Tehsil OfÏce Wadrafnagar and registered a case against the accused for offence under Sections Sections 9, 50, 51 and 52 of the Wildlife (Protection) Act, 1972. 4. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in this case. He further submits that in the present case, there are total five accused persons out of which three accused persons have been granted bail by the learned trial Court and two accused persons have come up before this Court. He also submits that there is no recovery made of elephant tusks from the possession of the present applicants, the same was recovered from the co-accused Dildar Singh and Mohan Singh and Laxman Singh and they have already been granted bail by the learned trial Court and the present applicants have been made accused only on the basis of memorandum statement of the co-accused and the applicants are in jail since 28.12.2024 and they have no previous criminal antecedent and in the present case, charge-sheet has been filed before the competent Court and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicants. 5. On the other hand, the learned State counsel opposes the bail 3 application and submits that in the present case, charge-sheet has been filed before the competent Court and the applicants have no previous criminal antecedents however, from the possession of the co-accused persons, two pieces of elephant tusks have been seized and after taking memorandum statement of the co-accused, the present applicants were made accused. Hence, it is an organized crime, jointly committed by the accused, as such, the present applicants are not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case- diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that in this case, there are total five accused persons out of which three accused persons have been granted bail by the learned trial Court further considering the fact that there is no recovery made of elephant tusks from the possession of the present applicants, the same was recovered from the co-accused namely Dildar Singh and Mohan Singh and Laxman Singh and they have already been granted bail by the learned trial Court and the present applicants have been made accused only on the basis of memorandum statement of the co-accused and in the present case, charge-sheet has been filed before the competent Court and they are in jail since 28.12.2024 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicants. 8. Let the applicants, Sandeep Kumar Khalkho and Shanidev, 4 involved in Crime No. 19029/2023, registered at Police Station : Forest Range Wadrafnagar, District-Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 9, 50, 51 and 52 of the Wildlife (Protection) Act, 1972., 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 sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their 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 them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 5 (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 are deliberated or without sufÏcient 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. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Kunal Sd/- (Ramesh Sinha) Chief Justice