Extracted from the PDF above. The PDF is authoritative.
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CGHC010312682026
2026:CGHC:36362
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1329 of 2026 Himanshu Rathi S/o Jogendra Rathi Aged About 29 Years R/o H.D.D.- 260, Lane No. 3, Near J.P. Chowk Kabir Nagar, Tatibandh, Police Station- Khamtarai, District- Raipur, (C.G.)
... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station- Pithora, District- Mahasamund, (C.G.)
... Non-Applicant For Applicant : Shri Goutam Khetrapal, Advocate. For Non-Applicant : Shri SS Baghel, GA. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 14/08/2026
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.172/2026 registered at Police Station – Pithora, District- Mahasamund (C.G.) for the offence punishable under Sections 318 KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.17 15:37:18 +0530
2 (4), 338, 336(3), 340 (2), 61 (2) & 3 (5) of Bharatiya Nyaya Sanhita (for short ‘BNS’).
2. The prosecution story, in brief, is that on the basis of written complaint dated 04.07.2026 made by Forest Range Officer, Pithora, Distt. Mahasamund (C.G.) alleging that on 17.06.2026 a vehicle bearing Registration No.CG-07-CM-5860 transporting approximately 23,350 kilograms of Khair wood was intercepted near Pithora and that the driver of the vehicle produced an NTPS (National Transit Pass System), No Objection Certificate bearing No. AP/KU/K/KU-160 dated 14.06.2026 in support of the transportation. Pursuant thereto, the concerned police has registered FIR against the applicant and other co-accused persons. 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 FIR does not disclose commission of any cognizable offence against the applicant. Even if the entire contents of the FIR are accepted as true and taken at their face value, no offence whatsoever is made out against the applicant. The allegations contained in the FIR are vague, general and based upon assumptions, as the applicant has merely been described as a "middleman" without disclosing any specific act, omission or conduct attributable to him which may constitute the ingredients of the offences alleged against the applicant. The applicant has been roped in the offence on the basis of
3 memorandum statements of other accused persons. Co-accused has already been released on anticipatory bail by this Court vide
order dated 11.8.2026 passed in MCRCA No.1289/2026. 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.
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, particularly considering the allegations levelled against the applicant and the fact that co-accused has already been released on anticipatory bail by this Court vide order dated 11.8.2026 passed in MCRCA No.1289/2026, 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 – Himanshu Rathi, 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
4 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