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Judgment
These are the first bail applications filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 21972/11 registered at Forest Circle Ramanujganj, District Balrampur-Ramanujganj (C.G.), for the offence punishable under Sections 9, 39, 48(a), 50, 51 and 52 of Wild Life (Protection) Act, 1972.
The case of the prosecution, in brief, is that on 03.08.2026, Forest Range Officer, Ramanujganj received a secret information and seized three pieces of ivory in a carry bag from applicants and another co-accused persons, who were staying in Room No. 205, Amantran Dharamsala situated at Kanhar River. Subsequently, registered FIR for offences as stated-above.
Learned counsel for the applicants submits that the present applicants are innocent persons and they have falsely been implicated, charge-sheet has already been filed and they have no criminal antecedent. It is also argued that applicant Satyendra Kumar Rajak has been granted ad-interim regular bail by the learned Court below. He would submit that applicant has not misused the liberty granted by the Court and has approached this Court with clean hands. Thus, he would pray to allow both the applications.
On the other hand, learned counsel for the State would oppose the bail application. Ms. Sameeksha Gupta, Panel Lawyer would submit that applicants are involved in illegal transportation of three pieces of ivory and act of applicants is punishable according to the provisions of Sections 9, 39, 48(a), 50, 51 and 52 of Wild Life (Protection) Act, 1972. She would submit that both the applications deserve to be rejected.
I have heard learned counsel appearing for the parties and perused the case diary.
Applicant Satyendra Kumar Rajak has been extended benefit of ad-interim regular bail by the learned Court below, its validity is up to 26.10.2026 and as per law laid down by the Hon'ble Supreme Court in the matter of Sundeep Kumar Bafna v. State of Maharashtra and Another, (2014) 16 SCC 623 regular bail application before this Court would be maintainable.
Further taking into consideration the fact that charge-sheet has already been filed, applicants are in jail since 03.08.2026, they have no criminal antecedent and trial is likely to take some time for its conclusion, therefore, I am inclined to allow both the applications.
Accordingly, the regular bail applications are allowed and it is directed that in the event of the applicants executing a personal bond for a sum of Rs.50,000/- each with one surety in the like sum to the satisfaction of the concerned trial Court, they shall be released on bail on the following conditions:-
they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court;
they shall not act in any manner which will be prejudicial to fair and expeditious trial, &
they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.