Mungeli Chhattisgarh v. State of Chhattisgarh Through S.H.O. Police Station, City Kotwali
Case Details
1 2025:CGHC:32024 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5010 of 2025 Kishan Tiwari S/o Shri Narayan Prasad Tiwari Aged About 29 Years R/o Bharti Nagar Chowk, P.S. Civil Line Bilaspur, District - Bilaspur Chhattisgarh Permanent Address - House No. 30, Ward No. 02, Village Bhatha, Post - Kosmatara, Batha, Mungeli, District - Mungeli Chhattisgarh ... Applicant versus State of Chhattisgarh Through S.H.O. Police Station, City Kotwali, Raigarh, District - Raigarh Chhattisgarh ... Non-applicant
Legal Reasoning
ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.11 18:26:55 +0530 For Applicant : Mr. Neeraj Choubey, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2025 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. 69/2025 registered at Police Station – City Kotwali, Raigarh, District Raigarh (C.G.) for the offence punishable under Sections 316(5), 318(4) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, based on the written complaint of the 2 complainant, it is alleged that, as per the direction of Shivendra Singh, on 27.10.2024, the complainant handed over the amount of Rs. 5,50,000/- to Nimesh Rajak and the applicant for depositing the same in the bank account on the next day. However, the said amount was not deposited by the accused in the bank account of Shura Retail Company. The above facts were disclosed by Mr. Mohit Mathur on 14.02.2025. Therefore, the police registered FIR No. 69/2025 for the offence under Sections 316(5), 318(4), (3)(5) of BNS 2023 and showed the arrest in this crime on 05.03.2025. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that the investigation has been completed by the police, and the challan was submitted on 02.05.2025, in which no evidence is available on record regarding the handing over of the amount of Rs. 5,50,000/- by the complainant to the present applicant, the registration of the crime is nothing but an abuse of the criminal process by the director of the company to settle his personal dispute. He also submits that in the written complaint, the complainant has shown himself as the cashier of the company; however, he has failed to provide any documentary evidence regarding the alleged payment made to the present applicant. At the same time, three managers of Shura Retail Company have made written complaints against the present applicant in three different districts, and since the director of the company is the husband of a senior I.P.S. ofÏcer of the State of Chhattisgarh, under his influence, three FIRs have been registered by the police. The above act clearly shows misuse of police 3 machinery under influence. He also submits that the nature and gravity of the alleged offence are not such where the applicant would be found guilty of an offence punishable with life imprisonment. He submits that in a false case, the police arrested the applicant in respect of the crime registered at the police station and thereafter falsely implicated him in the present crime, whereas no such offence has been committed by the applicant. He submits that the other co-accused, namely, Shivendra Singh has already been granted anticipatory bail in MCRCA No. 356 of 2025 vide order dated 17.03.2025 by this Court. He submits that, according to the same incident, three cases were registered against the present applicant, out of which two cases are listed today for hearing, including the present case. Except these cases, the applicant has no other criminal antecedents, the applicant has been in jail since 05.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and the fact that other co-accused, namely, Shivendra Singh has already been granted anticipatory bail in MCRCA No. 356 of 2025 vide order dated 17.03.2025 by this Court, further, the fact that according to the same incident, three cases were registered against 4 the present applicant, out of which two cases are listed today for hearing, including the present case, except these cases, the applicant has no other criminal antecedents, moreover, the charge- sheet has already been submitted before the competent Court and the present applicant is in jail since 05.03.2025, conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Kishan Tiwari, involved in Crime No. 69/2025 registered at Police Station – City Kotwali, Raigarh, District Raigarh (C.G.) for the offence punishable under Sections 316(5), 318(4) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his 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 sufÏcient 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 5 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. (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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Abhishek Sd/- (Ramesh Sinha) Chief Justice