1 2025:CGHC:53568 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8688 of 2025 Nand Kishor Katle S/o Late Hiramani Katle Aged About 36 Years R/o Village - Gondkhami, Police Station And Tahsil - Lormi, District : Mungeli, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Police Station - Kota, District : Bilaspur, Chhattisgarh ... Non-applicant(s) For Applicant : Mr. Ravi Kumar Bhagat, Advocate For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No./Istigasa No. 06/2025, registered at Police Station : Kota, District- Bilaspur (C.G.) for the offence punishable under Section 35(B)(1)(E) of BNS and Section 303(2) and 3(5) of B.N.S. 2. The case of the prosecution, in brief, is that on receiving secret information, the Police Station–Kota organized a trap near Village KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Jhingatpur, where they intercepted a pickup vehicle bearing registration number C.G. 10 AU 5824. Upon inspection, the vehicle was found loaded with sagon (teak) logs , a total of 25 pieces, in its back loader. The driver of the said vehicle, namely Hitesh Kumar Chelkar, failed to produce any valid documents authorizing the transportation of the said wooden logs. On the basis of the information provided by the driver, it was revealed that the present applicant was involved in loading the said logs, following which he was arrested on 11.09.2025. Consequently, an offence under Sections 35(B)(1)(E), 303(2), and 3(5) of the Bharatiya Nyaya Sanhita (BNS) was registered against the applicant as well as the co-accused. It is pertinent to mention that the co-accused has already been released on bail bond by conerned police station. The applicant was arrested on 11.09.2025 by Police Station–Kota. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant has no connection whatsoever with the alleged offence, and his name has been falsely introduced only on the statement of co-accused Hitesh Kumar Chelkar, who was apprehended red-handed by the police. It is further submitted that there is no direct or cogent evidence to substantiate the allegations levelled in the FIR against the applicant, and even the ingredients of the alleged offences are not made out. It is also submitted that the applicant has no previous criminal antecedent and the co-accused has already been enlarged on bail bond by the concerned police station and in the present case, charge-sheet has not yet been filed 3 before the competent Court and the applicant is in jail since 11.09.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the prayer for grant of bail to the applicant and submits that in the present case, charge-sheet has not been filed before the competent Court moreover, the fact that present applicant has been specifically named by the co-accused during investigation, and his involvement in loading and transporting the illegal teak logs has clearly surfaced. It is further submitted that the offence involves illegal possession and transportation of forest produce, which is a serious economic and environmental offence affecting public interest. Considering the nature and gravity of the allegations and the active role attributed to the applicant, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, nature and gravity of allegations made against the applicant, the fact that the co-accused has already been enlarged on bail bond by the concerned Police Station, and that the applicant is in custody since 11.09.2025, further considering that the charge-sheet has not yet been filed and the conclusion of trial is likely to take considerable time, this Court is of the opinion that further detention of the applicant is not warranted. Hence, without commenting on the merits of the case, I am inclined to grant bail to the applicant. 7. Accordingly, the bail application is allowed. 4 8. Let applicant, Nand Kishor Katle, involved in Crime No./Istigasa No. 06/2025, registered at Police Station : Kota, District- Bilaspur (C.G.) for the offence punishable under Section 35(B)(1)(E) of BNS and Section 303(2) and 3(5) of B.N.S, be released on bail on 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 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 sufÏcient 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, 5 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 sufÏcient 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. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal