NASEEM KHAN vs STATE OF CHHATTISGARH

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CGHC010334352026 2026:CGHC:38576
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 8021 of 2026
Naseem Khan S/o Karamveer Aged About 39 Years R/o 904/11 Balaknath
Colony, Jind Road, Rohtak District- Rohtak (Hariyana)
... Applicant
versus
State of Chhattisgarh Through Station House Officer, Police Station Pithora,
District- Mahasamund (C.G.)
... Non-applicant
For Applicant : Mr. Gaurav Singhal, Advocate.
For Non-Applicant/State : Mr. S.S. Baghel, Govt. Advocate.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Digitally
signed by
ABHISHEK
SHRIVAS
Date:
2026.09.01
16:09:57
+0530
ABHISHEK
SHRIVAS
Order on Board
01.09.2026
1. This is the First bail application filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant
who has been arrested in connection with Crime No. 172/2026 registered
at Police Station – Pithora, District - Mahasamund (C.G.), for the offence
punishable under Sections 318(4), 338, 336(3), 340(2), 61(2) and 3(5) of
the Bhartiya Nyaya Sanhita, 2023.
2. As per the prosecution story, in brief, is that on the basis of a written
complaint dated 04.07.2026 made by the Forest Range Officer, Pithora,
District Mahasamund (C.G.), the police registered a criminal case
alleging that on 17.06.2026, a vehicle bearing Registration No. CG-07-

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CM-5860, transporting approximately 23,350 kilograms of Khair wood,
was intercepted near Pithora and that the driver of the said vehicle
produced an NTPS (National Transit Pass System) No Objection
Certificate bearing No. AP/KU/K/KU-160 dated 14.06.2026 in support of
the transportation of the said wood. Pursuant thereto, the concerned
police registered FIR bearing Crime No. 172/2026 dated 09.07.2026
under Sections 318(4), 338, 336(3), 340(2), 61(2), and 3(5) of the
Bharatiya Nyaya Sanhita, 2023 against the applicant and other co-
accused persons.
3. Learned counsel for the applicant submits that the present applicant is an
innocent person and has been falsely implicated in the aforesaid case.
He also submits that the other co-accused persons, namely, Prashant
Kumar Bhoi and Achchu Agrawal, have already been granted regular bail
by this Court vide order dated 14.08.2026 and 20.08.2026 in MCRC No.
7532 of 2026 and MCRC No. 7720 of 2026. Therefore, the applicant is
also entitled to be released on regular bail on the ground of parity.
4. On the other hand, learned State counsel opposes the bail application of
the applicant and submits that the charge-sheet has already been filed in
the present case. However, he could not dispute the fact that identically
situated co-accused persons have already been granted regular bail by
this Court.
5. I have heard learned counsel for the parties and perused the case diary.
6. Taking into consideration the facts and circumstances of the case and
the fact that the other co-accused persons, namely, Prashant Kumar
Bhoi and Achchu Agrawal, have already been granted regular bail by this
Court vide order dated 14.08.2026 and 20.08.2026 in MCRC No. 7532 of
2026 and MCRC No. 7720 of 2026, also considering the fact that the

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charge-sheet has already been filed before the competent Court and that
the applicant has been in jail since 11.08.2026, conclusion of the trial
may take some more time, this Court is of the view that the applicant is
entitled to be released on bail in this case on the ground of parity.
7. Let the Bail of the Applicant – Naseem Khan , involved in Crime No.
172/2026 registered at Police Station – Pithora, District - Mahasamund
(C.G.), for the offence punishable under Sections 318(4), 338, 336(3),
340(2), 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released
on bail on furnishing personal bond with two sureties in the like sum
to the satisfaction of the Court concerned with the following conditions:-
(i) 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.
(ii) The applicant shall remain present before the trial
court on each date fixed, either personally or through his
counsel. In case of his absence, without sufficient cause,
the trial court may proceed against him under Section 269
of Bharatiya Nyaya Sanhita.
(iii) 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.

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(iv) 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 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.
- Sd/-
(Ramesh Sinha)
Chief Justice
Abhishek