ROHIT MITTAL vs STATE OF CHHATTISGARH

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CGHC010419862026 2026:CGHC:46281
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 10320 of 2026
Rohit Mittal S/o Late Subhash Mittal Aged About 37 Years R/o Agrasen
Colony, Vikas Nagar Gali No. 01, Thana City Kotwali District Raigarh
Chhattisgarh
... Applicant
versus
State Of Chhattisgarh Through Station House Officer P.S. Jute Mill Raigarh,
Distt. Raigarh Chhattisgarh
... Respondent
For Applicant : Mr. Manoj Paranjpe, Senior Advocate assisted
by Mr. Vikram Sharma, Advocate
For Respondent-State : Mr. Avinash Singh, Govt. Advocate
Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD
02.11.2026
1. Applicant has filed this first bail application under Section 483 of
Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he
has been arrested in connection with Crime No. 490/2026 registered at
Police Station –Jute Mill, District- Raigarh, (C.G.) for offence punishable
under Section 318(4), 336(3), 338, 340(2), 61(2), 3(5), 111 of BNS, 2023
and Section 42(1), 41(2)(c)(d) and 52(1) of Indian Forest Act, 1927.

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2. Case of prosecution in brief is that, Shri Sanjay Lakda, Forest Range
Officer, Forest Division Raigarh submitted a written complaint dated
02.09.2026 stating that on the basis of an information received from an
informer, the team of the Forest Department, Raigarh conducted a raid
at about 04.30 at the godown of one Naresh Agrawal situated at
Jamtikra (Gadhumariya), which was taken on rent by the applicant,
wherein illegal storage of logs of Khair and Tendu species cut from the
nearby forest areas was stored and brought there by tractors and pickup
vehicles. Further the case of the prosecution is that during the said raid
a truck bearing registration No. CG15DV7577 was found in the godown
loaded with 42 logs of Tendu species measuring 1.731 cubic metre, and
further 146 logs of Tendu and Khair species measuring 6.741 cubic
metre, 9 stacks of firewood, one weighing machine, two axes, one
hammer and one cutter machine were found in the godown, all of which
were seized on the spot by the Forest Department on 05.05.2025 itself.
A transit pass of the State of Odisha bearing No. 0134827/Β/2153/56
dated 30.04.2025 was sent by the applicant through the chowkidar of
the godown, which did not bear the signature of the issuing Forest
Range Officer, and that on verification made by the Divisional Forest
Officer, Raigarh from the Range Officer, Narsinghnath Forest Range,
Bargarh Forest Division, Odisha was reported that the said transit pass
had not been issued by that office, and the same alleged to be forged.
Based upon the aforementioned, crime was registered against the
present applicant and he was arrested on 02.09.2026.
3. Learned counsel for applicant submits that applicant has been falsely
implicated in the crime. He has not committed any offence as alleged.

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He further submits that according to the case of prosecution applicant
was possessing the godown owned by one Naresh Mittal astenant, from
where upon searching the team seized the cutting machine, an axe and
42 number of wood logs measuring 1.731 cubic metre. He further
submits that it is the case of prosecution that the applicant has
forwarded the T.P., which upon verification was found to be forged and
fabricated. There is no material to suggest that the applicant has
forwarded such T.P. of the wood to be forged. But according to the case
of prosecution it is submitted by third person. Applicant is in jail since
04.09.2026. No further custodial interrogation is required, hence he may
be enlarged on bail. He lastly submits that applicant has been
implicated in another crime of similar nature only after the arrest in
present case.
4. On the other hand, learned counsel for State opposes the submission
made by learned counsel for the applicant and submits that Tendu and
Khair wood logs seized from the godown possessed by the applicant
and after recovering of the wood logs and other articles from the
godown, applicant has submitted forged and fabricated transporting
permit. Upon asking as to what material is collected by Police during
investigation to suggest that the T.P. is submitted by applicant, he would
submit that according to the proceedings it is appearing that one person
Abrar driver present in the premises has handed over the T.P. through
whatsapp and upon further putting query he submits that the said
person(driver) is not an accused in this case. He submits that there is
no other material available. He lastly submits that crime is under
investigation and charge-sheet is yet to be filed.

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5. I have heard learned counsel for the parties and perused the documents
enclosed along with the bail application.
6. Taking into consideration the facts and circumstances of the case,
nature of allegation, submission made by learned counsel for the
applicant, pre-trial detention of applicant and also considering the fact
that no furhter custodial interrogation may be required in this case,
without commenting anything on the merits of the case, I am inclined to
allow this application.
7. Accordingly, bail application is allowed . It is directed that the applicant
shall be released on regular bail, upon furnishing a bail bond in the sum
of ₹ 25,000/- with one surety in the like sum to the satisfaction of the
Court on the conditions that-
(a) 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.
(b) The applicant shall remain present before the trial court
on each date fixed, either personally or through him
counsel. In case of him absence, without sufficient cause,
the trial court may proceed against him under Section 269 of
Bharatiya Nyaya Sanhita.
(c) 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.
(d) 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

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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.
Certified copy as per rules.
Sd/-
(Parth Prateem Sahu)
Alfiza
JUDGE