1 2025:CGHC:52867 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7420 of 2025 Vipin Kishor Kujur S/o Late Amirsai, Aged About 43 Years R/o Village- Amravatipur, Police Station Chalgali, District Balrampur Ramanujganj (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Chalgali, District Balrampur Ramanujganj (C.G.) ... Respondent For Applicant : Shri Sudeep Verma, Advocate. For Respondent/State : Shri Nitansh Jaiswal, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/10/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) 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), GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.30 19:49:33 +0530 2 336(3), 338, 3(5) of Bhartiya Nayay Sanhita, 2023. 2. Case of the prosecution, in brief, is that the complainant, Shri Anil Kujur, Forest Range Assistant, Manikpur, lodged a written report on 30.07.2025 at Police Station Chalgali alleging that the applicant, 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, co- accused Avinash Dubey and Surendra Ayam allegedly stated that the applicant 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 applicant and others 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 applicant is an innocent person belonging to the Scheduled Tribe community and has been falsely implicated in the present case. He bears a good reputation and has no criminal antecedents. He would submit that the applicant was misled by the co-accused and, in his bona fide belief that genuine forest rights documents were being prepared, became a victim rather than a perpetrator. He would submit that the applicant is in jail since 31/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that the applicant has no criminal antecedents. 5. I have heard learned counsel appearing for the parties and perused the 3 case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, period of detention of the applicant since 31/07/2025, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Vipin Kishor Kujur, 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(3), 338, 3(5) of Bhartiya Nayay Sanhita, 2023, be released on bail on his furnishing a personal bond with two 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 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 4 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 send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri