HIMANSHU RATHI vs STATE OF CHHATTISGARH

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CGHC010432092026 2026:CGHC:46564
NAFR
Digitally
signed by
RAVI
SHANKAR
MANDAVI
RAVI
SHANKAR
MANDAVI
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRCA No. 1835 of 2026
Himanshu Rathi Son of Jogender Rathi Aged About 28 Years Resident
Of Shivnagar, Police Station - Shivadih, District - Rohtak At Present
Kabir Nagar, Phase -2, Near J. P. Chowk, Police Station - Kabir Nagar,
District - Raipur (C.G.) (Applicant is in Jail in connection with other
similar crime registered at Police Station Jutmil, District - Raigarh)
... Applicant
versus
State Of Chhattisgarh Through The Station House Officer, Police
Station - Kotra Road, District - Raigarh (C.G.)
... Respondent
(Cause title is taken from CIS)
For Applicant : Mr. Goutam Khetrapal, Advocate
For State/Respondent : Mr. Amit Verma, Panel Lawyer
Hon’ble Shri Justice Parth Prateem Sahu
Order on Board
03/11/2026
1. Applicant has preferred second bail application under Section 482
of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of
anticipatory bail as he apprehends his arrest in connection with

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Crime No. 379/2026 registered at Police Station- Kotra Road,
District Raigarh (C.G.) for offence punishable under Sections
305(e), 61(2), 3(5) of BNS and Sections 26, 33, 41, 42, 52 of
Forest Act.
2. Case of the prosecution, in brief, is that on 23/10/2025 at 09.30
p.m., the Forest Divisional Officer, Forest Division Raigarh
received information from an informer that some persons were
loading wood in a truck in the dark of night near Naharpara Road
brick kiln of Gram Kurmapali. After receiving the information, he
went to the spot along with the accompanying staff and the
labourers present there ran away after seeing them. Mahendra
Yadav and Rohit Mittal were running away from the spot were
caught. On questioning Rohit Mittal and others on the spot
regarding the tendu and khair wood being loaded in truck number
HR 69 D 9616, it was stated that they did not have valid
documents, thereafter, the truck and wood were seized. On
questioning, it was found that Rohit Mittal was using Scorpio
vehicle number HR 13 V 0230 for smuggling.
3. Learned counsel for the applicant submits that the applicant has
not committed any offence as alleged and the applicant has been
made accused only on the basis of memorandum statement of
one of the co-accused. As per allegation the police seized the
wood in the forest area from the vehicle on which it was loaded
and not from the premises in possession of the present applicant.

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He further submits that thought there are 7 criminal antecedent
against the applicant, however, after year 2022, 4 crime has been
registered in which the applicant has been implicated in the year
2026, after implication of applicant in one crime of the similar
nature and others crime of forest offence.
4. Learned State counsel oppose the submission of learned counsel
for applicant and submits that when upon information the forest
officers reached on the spot found the persons loading the wood
on the vehicle and upon seeing the forest officer many of the
persons/labours run away and 2 persons were arrested namely
Mahendra Yadav and Rohit Mittal. Based on their memorandum
statement, applicant was also implicated in the crime in question.
He also submits that seizure of wood is made from the vehicle
standing in the forest area.
5. I have heard learned counsel for the respective parties and also
perused the documents enclosed along with bail application.
6. On due consideration of the facts and circumstances of the case,
nature of allegation, submission of learned counsel for the parties,
further considering that only on the basis of memorandum
statement of one of the co-accused and police seized the wood in
the forest area from the vehicle on which it was loaded and not
from the possession of the premises of the present applicant,
without commenting anything on merits, I am inclined to allow this
anticipatory bail application.

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7. Accordingly, application is allowed and it is directed that in the
event of arrest of applicant in connection with the aforementioned
crime number, he shall be released on anticipatory bail by the
Officer arresting him on his executing a personal bond in the sum
of ₹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 Investigation Officer as
and when required;
(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
Ravi Mandavi