1 CGHC010323352026 2026:CGHC:37382 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7720 of 2026 Achchu Agrawal S/o Anand Agrawal Aged About 22 Years R/o Naya Ganj, Kosta Para, Gurunanak School Road, Raigarh, District- Raigarh, C.G. At Present Sidhi, District- Sidhi, M.P. ... Applicant Versus State Of Chhattisgarh Through- Station House Officer, Police Station Pithora, District- Mahasamund, C.G. ... Respondent(s) For Applicant :Mr. Gaurav Singhal, Advocate. For Non-applicant/State :Ms. S.S. Baghel, G.A. HON'BLE MR. RAMESH SINHA, CHIEF JUSTICE ORDER ON BOARD 20.08.2026 1. This is the 1st 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. 172/2026 registered at Police Station – Pithora, District- Mahasamund (C.G.), for the offences under Sections SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2026.08.20 17:43:53 +0530 2 318 (4), 338, 336 (3), 340 (2), 61 (2) and 3 (5) of B.N.S. 2. As per the prosecution story, in brief, on 17.06.2026, during vehicle checking, vehicle bearing registration No. CG-07-CM- 5860 was intercepted while allegedly transporting approximately 23,350 kilograms of Khair wood illegally. The driver, Vijay S/o Hinga Sisodia, produced NTPS NOC No. AP/KU/K/KU-160 dated 14.06.2026 in support of the transportation. During investigation, the said NOC was verified with the Forest Department, Kurnool, Andhra Pradesh and the Divisional Forest Officer, Kurnool, vide report dated 25.06.2026, confirmed that the said NOC had not been issued by the Kurnool Forest Department and was found to be forged, fabricated and unauthorised. Verification further revealed that the land ownership, survey number, source of forest produce, transportation route, validity period and other particulars mentioned in the NOC did not tally with the official and revenue records, no Khair trees were found to have been felled from the land mentioned therein, nor was the person named in the NOC found to have any established connection with the said land. The Khair wood was also allegedly misrepresented as minor forest produce and false particulars regarding its source were furnished. Based on these allegations, the offences as mentioned above have been 3 registered against the present Applicant. 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 submits that the co-accused, namely Prashant Kumar Bhoi, has also been granted bail by this Court in MCRC No. 7532 of 2026 vide order dated 14.08.2026. Learned counsel further submits that the principle of parity squarely applies in favour of the applicant, inasmuch as the similarly situated co- accused has already been enlarged on bail, whereas the applicant continues to remain in custody. It is argued that the role attributed to the applicant is not distinguishable from that of the co-accused who has been granted bail and, therefore, denial of bail to the applicant would amount to hostile discrimination. It is further submitted that the applicant has remained in custody for a considerable period and that the trial is likely to take considerable time to conclude. There is also no likelihood of the applicant absconding or tampering with the prosecution evidence. Hence, it is prayed that the applicant be released on bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has not yet been filed and the Applicant has no previous criminal 4 antecedents. 5. Considering the submissions advanced by learned counsel for the parties, the nature of the allegations, the period of pre- trial detention, the fact that the Applicant has no criminal antecedents, and the fact that the co-accused, namely Prashant Kumar Bhoi, has also been granted bail by this Court in MCRC No. 7532 of 2026 vide order dated 14.08.2026, this Court is of the considered opinion that the Applicant is entitled to the benefit of parity. Considering the overall facts and circumstances of the case, the likelihood of the trial taking considerable time to conclude, and without expressing any opinion on the merits of the case, this Court is of the considered opinion that the Applicant deserves to be enlarged on bail on the ground of parity. Accordingly, the application is allowed. 6. Let Applicant- Achchu Agrawal involved in Crime No. 172/2026 registered at Police Station – Pithora, District- Mahasamund (C.G.), for the offences under Sections 318 (4), 338, 336 (3), 340 (2), 61 (2) and 3 (5) of B.N.S. 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 5 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 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 Saurabh