1 2025:CGHC:55559 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9167 of 2025 Avinash Dubey Son Of Ravikant Dubey Aged About 22 Years Resident Of Village-Shivri Bartikala, Police Station Basantpur, District Balrampur- Ramanujganj (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Chalgali, District Balrampur- Ramanujganj (C.G.) ... Non-applicant For Applicant : Mr. Arvind Kumar Shukla, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.11.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 61/2025, registered at Police Station – Chalgali District – Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 318(4), 336, 338(3) & 3(5) of the BNS 2023. 2. The prosecution story in brief, is that the complainant, Anil Kujur, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.14 14:48:47 +0530 2 Forest Range Assistant, Manikpur, lodged a written report on 30.07.2025 at Police Station Chalgali alleging that the accused Vipin Kishore Kujur, along with co-accused persons Surendra Ayam, Avinash Dubey, and Kunjan Rajak alias Ekka Sir, were involved in preparing and distributing fake forest rights certificates. During inquiry, the present applicant Avinash Dubey and co-accused Surendra Ayam allegedly stated that the co-accused Vipin Kishore Kujur and others made forged forest right pattas and accepted money for preparing such documents. On the basis of the complaint and recovery of fake pattas, certificate booklets, mobile phones, and a motorcycle, Police Station Chalgali registered Crime No. 61/2025 against the accused persons under Sections 318(4), 336(3), 338, and 3(5) of the Bhartiya Nyay Sanhita, 2023. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits that the applicant is an unemployed young boy who had merely followed the instructions of co-accused Kundan Rajak for G.P.S. Survey Location work and, acting on his directions, had worked only for two days and received wages of Rs. 500/- per day; that the applicant was misled by the co-accused and, under the bona fide belief that genuine forest rights documents were being prepared, became a victim rather than a perpetrator; that the charge sheet has already been filed and the conclusion of trial will take considerable time, therefore the applicant deserves to be released on bail; that in a similar matter involving identical allegations, the co- accused in M.Cr.C. No. 7420/2025 has already been granted bail by 3 order dated 29.10.2025, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence alleged against the present applicant, and also taking into account that the applicant has no criminal antecedents, as well as the fact that the co-accused has already been granted bail vide order dated 29.10.2025 in MCRC No. 7420/2025, and further noting that the charge-sheet has been filed before the competent Court and the applicant has been in judicial custody since 30.07.2025, and the conclusion of the trial is likely to take some time, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Avinash Dubey, involved in Crime No.61/2025, registered at Police Station – Chalgali District – Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 318(4), 336, 338(3) & 3(5) of the BNS 2023, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of 4 bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav