1 2026:CGHC:5586 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 161 of 2026 Mahasingh Kanwar S/o Sarpal Singh, Aged About 28 Years R/o Village Murmur, Police Station Pendra, District G.P.M. (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station- Gandhinagar, Ambikapur, District Surguja (C.G.) ... Non-applicant For Applicant : Mr. Aditya Khare, Advocate. For Non-applicant/State. : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.01.2026 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. 317/2025 registered at Police Station Gandhinagar, District - Ambikapur (C.G.), for the offences punishable under Section 318(4), 386(3) and 338 of the Bhartiya Nyay Sanhita (BNS). 2. As per the prosecution story in brief, the complainant, who is a Deputy Forest Ranger, lodged an FIR alleging that the applicant and four other members of his family collectively forged Forest Rights Recognition Certificates in order to illegally obtain possession of approximately 30 ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.02.02 11:17:03 +0530 2 acres of government forest land. Thereafter, Police Station Gandhinagar, Ambikapur registered a case bearing Crime No. 317/2025 for offences punishable under Sections 318(4), 336(3), and 338 of the Bharatiya Nyay Sanhita, 2023 against the present applicant and other co-accused persons. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the foresaid case. He submits that on the basis of similar allegations, the anticipatory bail application of the co-accused, namely Sunita Kerketta, bearing M.Cr.C. (A) No. 1613/2025, has been allowed by this Court vide order dated 13.11.2025. Therefore, the applicant may kindly be released on bail on the ground of parity. He further submits that the name of the applicant is not mentioned in the FIR. The applicant was working as a cook in the house of co-accused Bhagan, and the bag recovered from the applicant belonged to the said accused Bhagan, who has since died. He further submits that the present applicant has no criminal antecedents and he is in jail since 11.11.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail. 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 before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and the fact that the present applicant has no criminal antecedents, furthermore, the charge-sheet has already been submitted before the competent Court in the present case and the applicant has been languishing in jail since 11.11.2025, conclusion of the trial may take 3 some more time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Mahasingh Kanwar, involved in Crime No. 317/2025 registered at Police Station Gandhinagar, District - Ambikapur (C.G.), for the offences punishable under Section 318(4), 386(3) and 338 of the Bhartiya Nyay Sanhita (BNS), 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 his 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, 4 (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. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 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 Abhishek