Facts
The applicant, a 59-year-old man, was arrested on December 16, 2025, following the discovery of a mutilated and decomposed leopard (Panthera pardus) carcass on December 14, 2025, in Protected Forest Compartment No. 292, Sahaspur Lohara.
Source reference: p. 2, para. 2The carcass was missing internal organs, canine teeth, and claws, leading the Forest Department to suspect illegal poaching.
Source reference: p. 2, para. 2The prosecution alleged the applicant used GI wires to electrocute the animal, supported by dog squad tracking.
Source reference: p. 2, para. 3The applicant moved the High Court for regular bail, arguing that the evidence was presumptive, lacked forensic confirmation of electrocution, and that he had been in custody for over three months while the trial was expected to be prolonged.
Source reference: p. 2, para. 3Issues
Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the nature of the evidence and the duration of his pretrial detention.
Source reference: p. 1, para. 1; p. 3, para. 6Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant regular bail.
Source reference: p. 1, para. 1Sections 9, 2, 50, and 51 of the Wild Life (Protection) Act, 1972, regarding the illegal hunting of protected species.
Source reference: p. 1, para. 1Section 3 of the Prevention of Damage to Public Property Act, 1984.
Source reference: p. 1, para. 1Procedural consequences for bail default under Sections 209, 269, and 351 of the Bharatiya Nyaya Sanhita (BNS).
Source reference: p. 4, para. 7Reasoning
The Court evaluated the application by balancing the gravity of the allegations—the illegal killing of a leopard—against the applicant's circumstances and the progress of the legal proceedings.
Source reference: p. 3, para. 6It noted that the charge-sheet had already been filed, which signifies the completion of the primary investigation.
Source reference: p. 3, para. 6Although the prosecution pointed to one criminal antecedent, the Court found that the applicant’s detention since December 16, 2025, and the fact that the trial would take considerable time to conclude, outweighed the objections to bail.
Source reference: p. 3, para. 6The Court did not delve into the merits of the forensic evidence (or lack thereof) but focused on the period of detention and the unlikelihood of an immediate trial conclusion as the primary grounds for relief.
Source reference: p. 3, para. 6Holding
The High Court allowed the bail application and directed the release of the applicant on a personal bond with two sureties.
The holding was conditioned upon the applicant’s strict adherence to trial proceedings, including a prohibition on seeking adjournments during witness testimony and mandatory appearance during the framing of charges and recording of statements under Section 351 of BNSS.
Source reference: p. 3-4, para. 7Any violation of these conditions allows the trial court to initiate proceedings for the abuse of liberty under the Bharatiya Nyaya Sanhita.
Source reference: p. 4, para. 7Original Court PDF
BISELAL SAHUvsSTATE OF CHHATTISGARH
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