1 CGHC010334352026 2026:CGHC:38576 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8021 of 2026 Naseem Khan S/o Karamveer Aged About 39 Years R/o 904/11 Balaknath Colony, Jind Road, Rohtak District- Rohtak (Hariyana) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Pithora, District- Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Gaurav Singhal, Advocate. For Non-Applicant/State : Mr. S.S. Baghel, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.09.2026 1. This is the First 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 offence punishable under Sections 318(4), 338, 336(3), 340(2), 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, in brief, is that on the basis of a written complaint dated 04.07.2026 made by the Forest Range Officer, Pithora, District Mahasamund (C.G.), the police registered a criminal case alleging that on 17.06.2026, a vehicle bearing Registration No. CG-07- ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.09.01 16:09:57 +0530 2 CM-5860, transporting approximately 23,350 kilograms of Khair wood, was intercepted near Pithora and that the driver of the said 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 of the said wood. Pursuant thereto, the concerned police registered FIR bearing Crime No. 172/2026 dated 09.07.2026 under Sections 318(4), 338, 336(3), 340(2), 61(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023 against the applicant and other co- accused persons. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the aforesaid case. He also submits that the other co-accused persons, namely, Prashant Kumar Bhoi and Achchu Agrawal, have already been granted regular bail by this Court vide order dated 14.08.2026 and 20.08.2026 in MCRC No. 7532 of 2026 and MCRC No. 7720 of 2026. Therefore, the applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has already been filed in the present case. However, he could not dispute the fact that identically situated co-accused persons have already been granted regular bail by this Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and the fact that the other co-accused persons, namely, Prashant Kumar Bhoi and Achchu Agrawal, have already been granted regular bail by this Court vide order dated 14.08.2026 and 20.08.2026 in MCRC No. 7532 of 2026 and MCRC No. 7720 of 2026, also considering the fact that the 3 charge-sheet has already been filed before the competent Court and that the applicant has been in jail since 11.08.2026, conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Bail of the Applicant – Naseem Khan, involved in Crime No. 172/2026 registered at Police Station – Pithora, District - Mahasamund (C.G.), for the offence punishable under Sections 318(4), 338, 336(3), 340(2), 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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. 4 (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. 8. 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 Abhishek