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2026 DAILYLAW 37850 (CHH)

SUBODH SAHU v. STATE OF CHHATTISGARH

MCRCA/1538/2026 · 2026-09-28

Shri Parth Prateem Sahu

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010362722026 2026:CGHC:42453 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1538 of 2026 Subodh Sahu S/o Pramod, Sahu Aged About 48 Years R/o Village Laumunda, (Wrongly Menitoned As Baumunda,) P. S. Bijepur, District Bargarh, Odisha, --- Applicant versus State Of Chhattisgarh Through- Police Station Pithora, District Mahasamund Chhattisgarh. --- Respondent (Cause title is taken from CIS system) For Applicant : Mr. B.P. Singh, Advocate For Respondent/State : Mr. Sumit Singh, Dy.A.G. Hon'ble Shri Justice Parth Prateem Sahu Order On Board 29/09/2026 1. This is the second bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of anticipatory bail to the applicant who is apprehending his arrest in connection with Crime No.172 of 2026 registered at Police Station : Pithora, District – Mahasamund (C.G.) under Sections 318 (4), 336, 338, 340, 61 (2) and 3 (5) of B.N.S. BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN 2 2. Case of prosecution, in brief, is that on 17.06.2026, during checking, vehicle bearing registration No. CG-07-CM-5860 was intercepted while allegedly transporting approximately 23,350 kilograms of Khair wood illegally. The driver of the vehicle produced NTPS NOC No. AP/KU/K/KU- 160 dated 14.06.2026, purportedly issued by the Forest Department, Kurnool, Andhra Pradesh, in support of the transportation. During investigation, the said NOC was verified through the concerned Forest Department, Kurnool, which, upon verification of the relevant departmental and revenue records, reported that the said NOC had not been issued by the Forest Department, Kurnool and was found to be forged, fabricated and unauthorized. It was further found that the particulars mentioned in the NOC regarding land ownership, survey number, source of forest produce, transportation route, validity period and other relevant details did not correspond with the official records and the source of the alleged Khair wood could not be established. Based on these allegations, the offences as mentioned above have been registered against the present applicant and other co-accused persons. 3. Learned counsel for applicant submits that applicant is innocent and he has been falsely implicated in this case. Applicant has not committed any offence as alleged. He further submits that seven co- accused persons have been enlarged on anticipatory bail and five co- accused persons have been enlarged on regular bail by Coordinate Bench of this Court, copy of which has been enclosed along with this bail application. He further submits that though three criminal antecedents is registered against applicant in State of Orissa, however, the FIR was challenged, in which there is an order of stay of 3 arrest of applicant from the High Court of Orissa. Hence, applicant may also be extended benefit of anticipatory bail. 4. Learned State counsel opposes the submission of learned counsel for applicant. However, he do not dispute the submission of learned counsel for applicant that twelve accused persons have been enlarged on bail as stated by counsel for applicant. 5. I have heard learned counsel for parties and perused the documents placed on record. 6. Taking into consideration the facts and circumstances of the case, the nature of allegation, submission made by learned counsel for respective parties and further considering that seven accused persons have been enlarged on anticipatory bail and five accused persons have been enlarged on regular by Coordinate Bench of this Court, without commenting anything on merits of the case, I am inclined to release the applicant on anticipatory bail. 7. Accordingly, the anticipatory bail application is allowed. It is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on anticipatory bail by the officer arresting him on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned arresting officer. Applicant shall also abide by the following conditions:- (i) that the applicant shall make himself available for interrogation before the investigating officer as and when required; 4 (ii) 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/her from disclosing such facts to the Court or to any police officer; (iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Balram