Madhya Pradesh High Court
Lundariya vs The State Of Madhya Pradesh on 18 February, 2026
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
NEUTRAL CITATION NO. 2026:MPHC-IND:4976
1 MCRC-60192-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 18th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 60192 of 2025
LUNDARIYA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Kunjan Mittal - Advocate for the applicant.
Shri Tarun Pagare-GA appearing on behalf of Advocate General[r-1].
ORDER
1] They are heard. Perused the case-diary.
2] This is the first application filed by the applicant under Section
482 of the Bhartiya Nagrik Suraksha Sanhita, 2023/Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No.1904/2011 registered at Police Station Forest Department Thandla, District Jhabua for the offence punishable under Section 26(1)(A)/26(1)(E)/26(1)(F)/26(1)(G)/26(1)(H)/66/67 of the Indian Forest Act, section 2(i)/15/25(B)/9/39/50/51 of the Wild Life (Protection) Act and section 2(C)(E)/7/55/58 of the Biological Diversity Act.
3] The allegation against the applicant is of cutting of 86 trees. 4] Counsel for the applicant has submitted that all the offences alleged against the applicant, except Section 9 of the Wildlife (Protection) Act, 1972 (hereinafter to be referred to as the Act of 1972), are bailable Signature Not Verified Signed by: REENA PARTHO SARKAR Signing time: 2/18/2026 5:17:50 PM NEUTRAL CITATION NO. 2026:MPHC-IND:4976 2 MCRC-60192-2025 offences, and this aspect could not be considered by the trial Court as it was not raised before the trial Court.
5] Counsel for the applicant has also submitted that it is an admitted fact that no hunting has taken place in the present case, which fact has also not been disputed by counsel for the State.
6] Counsel for the respondent/State has submitted that appropriate orders may be passed.
7] In view of the aforesaid, the application itself is not maintainable as all the offences alleged against the applicant are bailable offences and section 9 of the Act of 1972 is admittedly out of the purview of the action of the applicant, and in such circumstances, although the application itself is not maintainable, however, the concerned police station is directed to act accordingly, considering the bailable nature of the offence.
8] With the aforesaid observation, the present application stands disposed of.
(SUBODH ABHYANKAR) JUDGE das Signature Not Verified Signed by: REENA PARTHO SARKAR Signing time: 2/18/2026 5:17:50 PM