1 2025:CGHC:60040 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10177 of 2025 Niranjan Singh Thakur S/o Late Shri Alam Singh Thakur Aged About 60 Years Caste Gond, R/o Village Beltikri, Post Surgi, Police Out Post Surgi, Tahsil And District Rajnandgaon (C.G.) ... Applicant versus State of Chhattisgarh Through Station House O昀케cer, Police Station City Kotwali, District Rajnandgaon (C.G.) ... Non-applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-applicant/State : Mr. Neeraj Sharma, Dy. Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.12.2025 1. This is the 昀椀rst bail application 昀椀led 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. 305 of 2025 registered at Police Station City Kotwali, District Rajnandgaon (C.G.), for the o昀昀ences punishable under Sections 61(2), 316(2), 316(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story, in short, is that the complainant, Pramila Jureshia, posted as Deputy Forest Ranger, lodged a report before Police Station City Kotwali alleging that tendu leaves of Lot No. 64, Forest Division ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.11 11:26:31 +0530 2 Bijapur and Bhairamgarh were stored in Gurukripa Godown, GE Road, Rajnandgaon by the buyer/co-accused 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 In-charge. 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 In-charge. 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 2,669 sacks worth Rs. 93,34,487/- was found. On the basis of the said report, the present applicant was arrested. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that the present applicant has no criminal antecedents. He further submits that other co-accused person, namely, Teej Kumar Mandavi has already been granted regular bail by this Court in MCRC No. 10020 of 2025 vide order dated 08.12.2025. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case that the co-accused person, namely, Teej Kumar Mandavi has already been granted regular bail by this Court in MCRC No. 10020 of 2025 vide order dated 08.12.2025. Also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and the applicant is in jail since 11.11.2025, conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Niranjan Singh Thakur, involved in Crime No. 305 of 2025 registered at Police Station City Kotwali, District Rajnandgaon (C.G.), for the o昀昀ences punishable under Sections 61(2), 316(2), 316(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall 昀椀le an undertaking to the e昀昀ect that he shall not seek any adjournment on the dates 昀椀xed 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 昀椀xed, either personally or through his counsel. In case of his absence, without su昀케cient 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 4 under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date 昀椀xed 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 昀椀xed 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 su昀케cient 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. O昀케ce is directed to send a certi昀椀ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek