CGHC010350502026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8454 of 2026 Sunil Kumar Gupta S/o K. R Gupta Aged About 44 Years R/o Old Bus Stand, Korba, Tehsil And District Korba, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Police Station Civil Line Rampur, Korba, District Korba, Chhattisgarh ... Respondent(s) (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Applicant : Shri Anshul Tiwari, Advocate For Respondent/State : Shri Rishi Raj Pithwa, Dy GA ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 28.09.2026 1. Heard on the application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS, 2023). This is the first bail application before this Court filed by the applicant for grant of regular bail. 2. Applicant was arrested on 20.07.2026 in connection with Crime No.673 of 2026 registered at PS- Civil Line Rampur, District-Korba, CG, for the offence punishable under Sections 303(2), 316(5), 317(2) and 3(5) of the BNSS, 2023. 3. Case of the prosecution, in brief, is that on 16.07.2026, an FIR has been registered against the present applicant alleging that the Sub- Mcrc 8454 of 2026 2 Divisional Officer (Revenue), Korba has granted permission for cutting of 207 trees, standing at CSEB Colony, Rampur. While the process of cutting the trees was going on, in between that, the present applicant engaged his labourers to cut seven trees on 29.06.2026 and the timber was sent to the co-accused Hukumchand Sharma’s saw-mill at Abhanpur through another vehicle and thereby, he caused loss of Rs.2,00,000/- to the Government exchequer. FIR has been registered and during the investigation, the said timbers were recovered from the saw-mill of the co-accused at Abhanpur. After investigation, charge-sheet has been filed before the learned trial Court. 4. Learned counsel for the applicant would submit that applicant has been falsely implicated in the offence. There is no material available in the charge-sheet that the present applicant is engaged in cutting the trees. None of the labourers, who are witnesses have stated that it is the applicant who asked to cut the trees and sending the timber to the saw- mill of co-accused. The offence is triable by the Judicial Magistrate First Class, investigation has been completed, charge-sheet has been filed, timber has also been recovered and the applicant is in jail since 20.07.2026, and final adjudication of the case will take its own time. He would further submit that co-accused Hukumchand Sharma, from whom the timber has been seized has been granted anticipatory bail by this Court vide order dated 03.09.2026 passed in MCRCA-1445 of 2026. Hence, the present applicant may also be enlarged on bail. Mcrc 8454 of 2026 3 5. On the other hand, learned State counsel opposes the submissions made by learned counsel for the applicant and would submit that the present applicant is the person, who engaged the labourers to cut 7 trees to take illegal benefit, and the cut timber was sent to the saw-mill of co- accused, at Abhanpur by another vehicle, without informing the Government authority and without maintaining the record. He would also submit that the applicant is having past criminal antecedent of offence under Section 33(1) of the Forest Act. Therefore, he is not entitled to be released on bail. 6. Heard learned counsel for the parties and perused the case diary. 7. Considering the submissions made by learned counsel for the parties, also considering nature of allegation against the applicant, material collected during investigation, also considering the statement of the witnesses and the role of present applicant in the offence, further considering that he is in jail since 20.07.2026, investigation has been completed and charge-sheet has already been filed, and final adjudication of this case would take some more time, and the offence is triable by the Judicial Magistrate First Class, without commenting anything on merits of the case, I am inclined to release the applicant on bail. 8. 8. Accordingly, the bail application filed by the applicant- Sunil Kumar Gupta, s/o KR Gupta is allowed, and he shall be released on bail on his executing a personal bond in sum of Rs.50,000/- with one surety of like Mcrc 8454 of 2026 4 sum to the satisfaction of the concerned trial Court. Applicant shall also abide by the following conditions: i. that the applicant shall 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 facts to the Court or to any Police Officer; ii. that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial. iii. that the applicant shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial unless exempted. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE padma Digitally signed by V PADMAVATHI Date: 2026.09.28 16:01:35 +0530