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2026 DAILYLAW 24022 (CHH)

RAJESH YADAV v. STATE OF CHHATTISGARH

MCRC/3587/2026 · 2026-06-29

body2026

Judgment text

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1 2026:CGHC:26681 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.3587 of 2026 Rajesh Yadav S/o Shri Kaushal Yadav Aged About 25 Years Occupation - Driver, R/o Village - Gaurela, (Schooltola), P.S. And Tahsil Gaurela, District : Gaurela-Pendra-Marwahi, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through P.S. - Ramanujganj, District : Surajpur, Chhattisgarh ... Non-applicant _____________________________________________________ For Applicant :Mr. Achyut Tiwari, Advocate. For Non-applicant/State :Mr. Soumya Rai, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.06.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.07.01 12:52:23 +0530 2 connection with Crime No.75/2026 registered at Police Station Ramanujganj, District Surajpur (C.G.), for the offences under Sections 318(4), 338, 336(4), 340 and 3(5) of BNS, 2023. 2. The prosecution story, in brief, is that on 17.03.2026, a truck bearing Registration No.CG 12 BV 1429 carrying approximately 15 tonnes of wood was intercepted by the Sub- Divisional Officer, Ramanujnagar. During inspection, the present Applicant, who was driving the vehicle, produced a permit purportedly issued by the Sub-Divisional Officer (Rural), Surajpur. Upon verification of the official records, the said permit, purportedly authorizing the felling of 60 trees from Khasra No. 470/2, admeasuring 1.50 hectares, situated at Village Kaskela, was found to be prima facie forged, whereupon the present crime was registered against the Applicant and other accused persons. Consequently, a case has been registered against the present Applicant as mentioned above. Hence, this 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 Applicant was merely the driver of the truck bearing Registration No.CG 12 BV 1429 and was engaged only for transportation of the wood and he 3 had no role in procuring or issuing the permit, which has been found to be prima facie forged. It is further submitted that all the documents relating to the vehicle, including the driving licence, insurance, permit and fitness certificate, are valid and no discrepancy has been found therein. He lastly submits that the Applicant is behind the bars since 29.03.2026 and the trial is likely to take quite some time for its conclusion therefore, he may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that the present Applicant has no previous criminal antecedents. 5. Considering the facts and circumstances of the case, the submissions advanced by learned Counsel for the parties, particularly the nature of allegations, the fact that the Applicant is stated to be merely the driver of the vehicle in question, the allegation that the forged permit pertains to its procurement and issuance, the absence of any previous criminal antecedents on the part of the Applicant, the period of his custody and also taking into consideration that the trial is likely to take some time for its conclusion, without further commenting anything on the merits of the case, this Court is inclined to allow the present application. 6. Accordingly, the application is allowed. Let Applicant- 4 Rajesh Yadav involved in Crime No.75/2026 registered at Police Station Ramanujganj, District Surajpur (C.G.), for the offences under Sections 318(4), 338, 336(4), 340 and 3(5) of BNS, 2023 be released on bail on his furnishing a 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 sufficient 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, 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 sufficient cause, then it shall be 5 open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 7. Office 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 gouri