BILASPUR MCRC No. 6447 of 2023 · Chhattisgarh High Court

Mr. Sudhir Kumar Sahu, Advocate Mr. Vikram Sharma, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/11/2023

This is the frst bail application fled under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 335/2023 registered at Police Station Mandir Hasaud, District Raipur (C.G.), for the ofence punishable under Sections 51 of the Wild Life Protection Act.

Case of the prosecution, in brief, is that the concerned police authorities have obtained information through informant that on the date of incident, two accused persons have transporting 2 pieces horns of deer and 1 piece skin of deer in their motorcycle to sell and the police has seized the same from the accused person thereafter registered the aforesaid ofence under Section 51 of the Wild Life Protection Act 1972 against the accused person. 2

It has been argued by Mr. Sudhir Kumar Sahu, learned counsel for the applicant that the applicant has been falsely implicated in the crime in question. He further submits that the charge-sheet has been submitted before the Court concerned. It has been further argued by him that the applicant has no past criminal antecedent, he is in jail since 28.06.2023 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.

On the other hand, Mr. Vikram Sharma, Deputy Government Advocate, appearing for the State/non-applicant would oppose the bail application and he fairly submit that the applicant has no past criminal antecedent.

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

Taking into consideration the facts and circumstances of the case and particularly the facts that the applicant has no previous criminal antecedent and chart-sheet has been fled and also considering the fact that the seizure was made from the open place not from the exclusive possession of the applicant and further that the applicant is in jail since 28.06.2023 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case.

Let the Applicant – Bhishan Bariha involved in Crime No. 335/2023 registered at Police Station Mandir Hasaud, District Raipur (C.G.), for the ofence punishable under Section 51 of Wild Life Protection Act 1972, be released on bail on his furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 3 (i) The applicant shall fle an undertaking to the efect that he shall not seek any adjournment on the dates fxed 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 fxed, either personally or through his counsel. In case of his absence, without sufcient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fail to appear before the court on the date fxed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fxed for (i) opening of the case,(ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufcient 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.

However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certifed copy of this order, if there is no 4 legal impediment.

Ofce is directed to send a certifed copy of this order to the District Judge concerned for necessary information and communication to the applicant forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali