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2026 DAILYLAW 15116 (CHH)

KUNJAN RAJAK v. STATE OF CHHATTISGARH

MCRCA/51/2026 · 2026-01-11

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Judgment text

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1 2026:CGHC:1741 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 51 of 2026 • Kunjan Rajak S/o Ratan Prasad, Aged About 28 Years R/o Village- Bartikala, P.S.- Chalgali, District Balrampur Ramanujganj C.G. ... Applicant versus • State of Chhattisgarh Through P.S. Chalgali, District Balrampur Ramanujganj C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Akath Kumar Yadav, Advocate For Respondent/State : Ms. Vaishali Mahilong, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/01/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.61/2025 registered at Police Station Officer- Chalgali, District- Balrampur-Ramanujganj (C.G.) for the offences punishable under Sections – 318(4), 336(3), 338 and 3(5) of BNS, 2023. 2. As per the case of the prosecution, the complainant, a forest land range offiecer Manikpur namely Annil Kujur lodged an FIR alleging that the applicant and other co-accused have distribution by making VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.13 11:46:04 +0530 2 forge lease. Thereafter the concerned police station registered a case against the applicant and other co-accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He also submits that there is a delay in lodging FIR against the present applicant and only on the basis of memorandum statement of co- accused persons, present applicant has implicated in crime in question, thereafter FIR has been lodged against the applicant. Further, similarly situated co-accused persons namely Vipin Kishor Kujur, Avinash Dubey and Surendra Ayam have already been granted bail by this Court’s order dated 29.10.2025, 14.11.2025 and 02.12.2025 in MCRC Nos.7420 of 2025, 9167 of 2025 and MCRC No.9735 of 2025, investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail on the ground of parity. 4. On the other hand, learned State counsel opposes 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 & circumstances of the case, gravity of offence, submissions made by learned counsel for the parties and also considering the fact that FIR has been lodged against the present applicant after one year and similarly situated co-accused persons namely Vipin Kishor Kujur, Avinash Dubey and Surendra Ayam have already been granted bail by this Court’s order dated 29.10.2025, 14.11.2025 and 02.12.2025 in MCRC Nos.7420 of 2025, 9167 of 2025 and MCRC No.9735 of 2025, the conclusion of the trial is likely 3 to take some time, without commenting anything on merits, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Kunjan Rajak, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (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 his adhaar card along with a coloured 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