1 2025:CGHC:33842 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1045 of 2025 • Jiwan Lal Deshmukh S/o Babulal Deshmukh Aged About 61 Years As Deputy Forest Ranger,godown Incharge Forest Division, Rajnandgaon (Wrongly Mentioned As Garibdham, Kawardha In Lower Court Cause Title), Aged About 61 Years, R/o House No. 190, Forest Colony, Chilfi, Tehsil And Police Station Chilfi, District Kabirdham (C.G.) (Presently Posted As Deputy Forest Ranger, Bhoramdeo Sanctuary, Chilpi, Kawardha Division, District Kabirdham (C.G.) ... Applicant versus • State Of Chhattisgarh Through Police Station Rajnandgaon Kotwali, District Rajnandgaon (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Ms. Shivangi Agrawal, Advocate For Respondent : Mr. Swajeet Singh Ubweja, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.07.2025 1. This is first bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the applicant who is apprehending his arrest in connection with Crime No.305/2025 registered at Police Station – Rajnandgaon Kotwali, District- Rajnandgaon (C.G.) for the offence punishable under Sections 316(2), 316(5) and 61(2) of BNS,2023. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.19 11:32:50 +0530 2 2. Prosecution case in brief is that the case involves a report filed by Pramila Jureshia (Deputy Forest Ranger) alleging that tendu leaves of Lot No. 64, Forest Division Bijapur, and Bhairaamgarh were stored in Gurukripa Godown, GE Road, Rajnandgaon, by buyer Sudhir Manek, from May 26, 2022, to June 29, 2022. After storage, the godown was locked with two keys one with the buyer Sudhir Manek and the other with the Chief Warehouse Incharge. However, the purchase agreement was cancelled due to non-payment of the purchase amount by Sudhir Manek within the stipulated time. Upon cancellation, the keys were returned to the Chief Warehouse Incharge. On April 24, 2023, a complaint was made by Rajesh Chowthwani, alleging that good quality tendu leaves from the year 2022 had been removed and replaced with old, poor-quality leaves. The case diary includes an investigation report from the Assistant Forest Conservator, which reveals that the accused, along with others, committed a criminal act causing loss to the government. According to the investigation report, a shortage of 2669 sacks worth Rs. 93,34,487 was found. Hence, the bail application. 3. Learned counsel for the applicant would submits that the applicant is innocent person and he has been falsely implicated in the present case. He further submits that applicant took charge of the godown of tendu-leaves and on the basis of come complaints an inspection of the said godown was carried out as a result it was found that the godown was not opened and thus, there was no possibility of exchange of tendu-leaves. He also 3 submits that co-accused has already been granted anticipatory bail by this Court in MCRCA No. 1010 of 2025 vide order dated 11.07.2025, therefore, they prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature and gravity of the offense, looking to the fact that on the basis of some complaints, an inspection of the said godown was carried out and as a result it was found that the godown was not opened and thus, there was no possibility of exchange of tendu- leaves. Copy of said panchanama dated 23.03.2023 is annexed here as Annexure-A/9 and co-accused has already been granted anticipatory bail by this Court in MCRCA No. 1010 of 2025 vide order dated 11.07.2025, without further commenting on merits of the case, I am inclined to grant anticipatory bail to the Applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant Jiwan Lal Deshmukh on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- 4 (a) He 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. (b) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali