HUKUMCHAND SHARMA vs STATE OF CHHATTISGARH

1

CGHC010342362026 2026:CGHC:39079
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRCA No.1445 of 2026
1 - Hukumchand Sharma S/o Late Shri Ratiram Sharma, Aged About 52
Years R/o Rajim Road, Abhanpur, District Raipur (C.G.)
Applicant (s)
versus
1 - State Of Chhattisgarh Through Station House Officer, Police Station
Civil Line Rampur, District Korba (C.G.)
Respondent(s)
For Applicant (s) : Mr. Aditya Bhardwaj, Advocate
For Respondent(s) : Mr. S. S. Baghel, GA
Hon'ble Mr. Justice Ravindra Kumar Agrawal
Order on Board
03.09.2026
1. This first anticipatory bail application filed under Section 482 of
the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by
the applicant, who is apprehending his arrest in connection with
Crime No.673/2026, registered at Police Station Civil Lines,
Rampur, District Korba (C.G.) for the offence punishable under
Sections 303 (2), 316 (5), 317 (2) & 3 (5) of BNS.
Digitally
signed
by R
NIRALA

2
2. The prosecution case in brief is that the applicant is alleged to
have involved in sale/purchase of timber wood and 2 pieces of
sal wood and 2 pieces of bija wood were purchased illegally by
the applicant and kept the same in his saw mill, thereafter a case
was registered against the applicant.
3. Learned counsel for the applicant would submit that the applicant
is innocent and has been falsely implicated in crime in question.
The applicant was not present at his saw mill when the timber
was brought to his mill. After the applicant came to the saw-mill,
the watchman informed him about the unloading. The applicant
contacted Sunil Gupta, who had brought timber and asked for the
legal documents relating to the timber. According to the applicant,
Sunil Gupta stated that he had already left and would provide the
documents on the next trip. The applicant states that, relying
upon the prior transactions and the representation that the
documents would be supplied, he made an online payment to
Sunil Gupta and when the officers of the Forest Department,
Korba contacted the applicant regarding the timber. The applicant
disclosed that the timber was in his possession, provided the
relevant information and informed the Department that the timber
had been kept safely and could be collected by the Forest
Department. The applicant has thus not attempted to conceal the
timber or obstruct the investigation. On the contrary, immediately
upon being contacted by the Forest Department, he disclosed its
existence and location and permitted the authorities to take it into

3
custody. This conduct is inconsistent with an intention to abscond
or destroy evidence and he has also no criminal antecedents.
Therefore, the present applicant may be enlarged on anticipatory
bail.
4. On the other hand, learned State counsel for the
non-applicant/State, would oppose the bail application of the
applicant and submit that the applicant is involved in
sale/purchase of banned timber as such he has committed a
serious offence, therefore, he may not be enlarged on
anticipatory bail at this stage.
5. I have heard learned counsel for the parties and perused the
case diary.
6. Considering the facts & circumstances of the case, nature of
allegation levelled against the present applicant and further
considering that the applicant has no criminal antecedents,
therefore, without commenting anything on merits of the case, I
am inclined to grant anticipatory bail to the applicant.
7. Accordingly, the instant MCRCA is allowed and it is directed that
in the event of arrest of the applicant – Hukumchand Sharma
on executing a personal bond for a sum of Rs.50,000/- and one
surety in the like sum to the satisfaction of the arresting Officer,
he shall be released on bail on the following conditions:-
“(a) 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

4
dissuade him/her from disclosing such fact to the
Court.
(b) the applicant shall not act in any manner which will
be prejudicial to fair and expeditious trial.
(c) the applicant shall appear before the trial Court on
each and every date given to him/her by the said
Court till disposal of the trial.
(d) the applicant and the surety shall submit a copy of
his/her adhaar card along with a coloured postcard
full size photo having printed the adhaar number on it,
which shall be verified by the trial Court.
(e) the applicant shall not involve himself/herself in
any offence of similar nature in future.”
Sd/-
(Ravindra Kumar Agrawal)
Judge
Nirala