1 2026:CGHC:26627 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 968 of 2026 Avan Kumar Sahu S/o Shri Shankar Lal Sahu Aged About 37 Years R/o Village- Kachhardih, Police Outpost- Tuhalu, Thana- Komakhan, Tahsil- Komakhan, Distt.- Mahasamund (C.G.) ... Applicant versus The State Of Chhattisgarh Through Station House Officer, Police Station- Komakhan, Police Outpost- Tuhalu, Distt.- Mahasamund (C.G.) ... Non-Applicant For Applicant : Shri Sunil Sahu, Advocate. For Non-Applicant : Shri SS Baghel, GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30/06/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.85/2026 registered at Police Station – Komakhan, Police Outpost- Tuhalu, Distt.- Mahasamund (C.G.) for the offence punishable under Section 303(2), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.01 16:20:15 +0530 2 2. The prosecution story, in brief, is that the complainant, Radheshyam Chandrakar, lodged a written report against the applicant and others on 06.06.2026, alleging that his land bearing Khasra No. 274/2, admeasuring 0.28 acre, is situated at Patwari Halka No. 13, RNM Narra, and that a Sagon (teak) tree was standing on the said land. It is alleged that on 04.06.2026, the applicant, Avan Sahu, along with other co-accused persons, cut down the said tree, committed theft of the timber, and kept the wood in his badi (courtyard). On the basis of the said written report, the aforesaid offence was registered, and the police of the concerned police station initiated steps to arrest the applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the land in question stood in the name of the applicant's wife, Smt. Puja Sahu, who sold it to the complainant through a registered sale deed dated 22.04.2025. The sale deed contains no recital regarding the existence or transfer of any standing tree, and no tree formed part of the sale transaction. The wood allegedly belonging to the tree was found in the applicant's courtyard and seized by the Forest Department. Even if the allegations in the FIR are accepted as true, no offence of theft is made out since the standing tree was never transferred to the complainant. He also submits that the learned Sessions Court rejected the applicant's anticipatory bail application solely on the basis of his previous criminal antecedents without considering the merits of the present case. The earlier cases 3 registered against the applicant under Sections 294, 323, and 506 of the IPC have already concluded, and the applicant stands acquitted in all of them. He later submits that the applicant is a former Sarpanch of Gram Panchayat Kachhardih and enjoys a good reputation in the village. His arrest in the present case would cause irreparable damage to his reputation and social standing, besides subjecting him to unnecessary humiliation, particularly when no custodial interrogation is required. He lastly submits that the applicant has two criminal antecedents, out of which, one is of the year 2019, which has already been disposed and another is of the year 2016, which has already been compromised between the parties, therefore the applicant be released on bail. 4. On the other hand, learned State counsel, opposes the prayer for grant of anticipatory bail to the applicant. He further submits that the applicant allegedly in collusion with other co-accused persons illegally cut a Sagon (teak) tree standing on the complainant's land, committed theft of the timber, and kept the wood in his courtyard. So far as criminal antecedents of the applicant are concerned the applicant has two criminal antecedents registered in the year 2019 and 2016 under the IPC, therefore, the applicant is not entitled for bail. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts and circumstances of the case, and though the applicant allegedly in collusion with other co-accused persons illegally cut a Sagon (teak) tree standing on the complainant's land, 4 committed theft of the timber, and kept the wood in his courtyard, but considering the fact that the applicant has two criminal antecedents, out of which, one is of the year 2019, which has already been disposed and another is of the year 2016, which has already been compromised between the parties, as such, this Court is inclined to extend the benefit of anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Avan Kumar Sahu, on executing a personal bond with 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 should 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 should not act in any manner which will be prejudicial to fair and expeditious trial. (c) he should 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 sureties shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) He should not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Barve