Absence of criminal antecedents and completion of investigation warrant grant of regular bail for wildlife offenses.

The applicants were arrested on 17.12.2025 in connection with Crime No./P.O.R.No. 21614/13

On 16.12.2025, a forest constable discovered two dead bisons in Forest Range No. 47

The prosecution alleged that the applicants had illegally laid G.I. wires in the forest, resulting in the electrocution and death of the animals

The applicants moved the High Court for regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, arguing that they were falsely implicated based on suspicion, that no illegal articles were recovered from them, and that there were no eyewitnesses to the incident

Whether the applicants are entitled to the grant of regular bail under Section 483 of the BNSS, 2023, considering the nature of the evidence and the period of their judicial custody

Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, which provides the High Court with the power to grant bail

Substantive offences were registered under Section 9 read with Sections 2, 20, 32, 39, 44(B), 50, and 51 of the Wild Life (Protection) Act, 1972, concerning the illegal hunting and protection of wildlife

Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984

Procedural conditions for bail were framed with reference to Section 269 (non-attendance), Section 84 (proclamation for person absconding), Section 209 (failure to appear), and Section 351 (evidence in presence of accused) of the Bharatiya Nyaya Sanhita (BNS) and BNSS

The Court evaluated the facts and circumstances, specifically noting that the investigation was largely complete as the charge-sheet had already been filed

The Court observed that the applicants had no previous criminal antecedents and had been in continuous judicial custody since 17.12.2025

It further noted that the conclusion of the trial would likely take considerable time

Relying on the fact that the case is triable by a Magistrate and the applicants are permanent residents with no apparent risk of absconding, the Court found that the gravity of the allegations was balanced by the procedural status and the period of incarceration already undergone

The holding is subject to strict conditions: the applicants must not seek unnecessary adjournments, must remain present for all trial dates (subject to Section 269 BNS), and must appear specifically for the opening of the case, framing of charges, and recording of statements under Section 351 of BNSS

Failure to comply with bail conditions or proclamations under Section 84 of BNSS will authorize the trial court to initiate proceedings under Section 209 of the BNS