Timber-Smuggling Accused Gets Anticipatory Bail As Chhattisgarh HC Cites Co-Accused’s Statement And Seizure From Truck, Not His Premises

The applicant sought anticipatory bail in a second application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 379/2026, registered for alleged offences under Sections 305(e), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 26, 33, 41, 42 and 52 of the Forest Act.

The prosecution alleged that forest officials received information about wood being loaded onto a truck near a brick kiln, seized the truck and wood, and arrested two persons at the scene; the applicant was implicated on the basis of a co-accused’s memorandum statement.

The applicant argued that the wood had been seized from a vehicle in a forest area, not from premises in his possession, and that he had been implicated only through the co-accused’s statement.

The State opposed bail, relying on the circumstances of the seizure and the applicant’s implication.

Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides for anticipatory bail.

In deciding the application, the Court considered the nature of the allegations and the circumstances of the applicant’s implication and the seizure.

The offences under the Bharatiya Nyaya Sanhita, 2023 and the Forest Act were the alleged offences giving rise to the application; the Court cited no precedent or separate substantive rule concerning those offences.

The Court weighed the allegations against the circumstances that the applicant’s implication rested on a co-accused’s memorandum statement and that the wood had been seized from a vehicle in a forest area, rather than from premises in the applicant’s possession.

On those grounds, and without expressing an opinion on the merits, it found anticipatory bail appropriate.

The applicant must be available for interrogation when required, must not threaten or induce persons acquainted with the case, must not prejudice a fair and expeditious trial, and must attend each trial-court date until disposal of the trial.