1 CGHC010304382026 2026:CGHC:35652 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1281 of 2026 1 - Rajkumar Yadav S/o Shri Chunuram Yadav Aged About 36 Years R/o Village Kachardih, Chowki Tuhlu, P.S. Komakhan, Tehsil Komakhan, Distt. Mahasamund, Chhattisgarh. 2 - Gulshan Kumar Sahu S/o Shri Tesram Sahu Aged About 22 Years R/o Village Kachardih, Chowki Tuhlu, P.S. Komakhan, Tehsil Komakhan, Distt. Mahasamund, Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through P.S. Komakhan, Distt. Mahasamund, Chhattisgarh. ... Non-Applicant For Applicant : Shri Shubhank Tiwari, Advocate. For Non-Applicant : Miss Ankita Shukla, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12/08/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.13 11:49:02 +0530 2 applicants, who are apprehending their arrest in connection with Crime No.85/2026 registered at Police Station – Komakhan, District – Mahasamund (C.G.) for the offence punishable under Sections 303 (2) and 3 (5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. The prosecution story, in brief, is that on 6.6.2026, complainant Radheshyam Chandrakar lodged a written report against one Avan Kumar Sahu and others 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 4.6.2026, co- accused Avan Kumar Sahu, along with other co-accused persons/applicants, cut down the said tree, committed theft of the timber, and kept the wood in badi (courtyard) of Avan Kumar Sahu. On the basis of the said written report, the aforesaid offence was registered, and the police of concerned police station initiated steps to arrest the accused persons. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. He further submits that there is no direct or indirect involvement or intentional or unintentional involvement of the present applicants in this case. They are villagers and hence known to each other. At behest of Avan Kumar Sahu, the tree was cut down, and he was in possession until the sale has been executed in favor of 3 complainant. The Applicants carries an impression that the land still belongs to Avan Kumar Sahu. It is difficult to believe that in a village wherein the agricultural fields are attached to one another and during the Monsoon Season when the crops are being sown, in a broad day light, the entire act could have been done by anyone. The land in question stood recorded in the name of the wife of Avan Kumar Sahu namely 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 courtyard of Avan Kumar Sahu and seized by the Forest Department. Even if the allegations in the FIR are accepted as it is, no offence of theft is made out since the standing tree was never transferred to the complainant by wife of Avan Kumar Sahu. The applicants have been made accused on the basis of memorandum statements of co-accused persons. The case of present Applicants is at much better footing than that of Avan Kumar Sahu who has been enlarged on anticipatory bail by this Court vide order dated 30.06.2026 passed in MCRC(A)/968/2026 and hence on the principle of parity also, the instant application for grant of anticipatory bail may be allowed. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail to the applicants and submits that the applicants do not have any criminal antecedents. 4 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 the fact that the applicants do not have any criminal antecedents and co- accused has already been released on anticipatory bail by this Court vide order dated 30.06.2026 passed in MCRC(A)/968/2026, as such, this Court is inclined to extend the benefit of anticipatory bail to the applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Rajkumar Yadav & Gulshan Kumar Sahu, on each of them executing a personal bond with one surety in the like sum to the satisfaction of the Arresting Officer, they shall be released on bail on the following conditions:- (a) they 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) they should not act in any manner which will be prejudicial to fair and expeditious trial. (c) they 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 Applicants 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, 5 which shall be verified by the trial Court. (e) they should not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Barve