Dewangan High Court
Case Details
1 2025:CGHC:44003 NAFR KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6136 of 2025 1 - Pushkar Raj Tiwari S/o Muneeb Shankar Tiwari Aged About 28 Years R/o Village Chehra, P.S. Jigna, District Mirzapur (U.P.) Presenlty Residing At Naharpali, P.S. Bhupdeopur, District : Raigarh, Chhattisgarh 2 - Annunjay Aman S/o Nito Gopal Sinha Aged About 26 Years R/o Kamal Vihar Colony, Mirjaan Haat, P.S. Mujahidpur, District Bhagalpur (Bihar), Presently Residing At Naharpali, P.S. Bhupdeopur, District : Raigarh, Chhattisgarh versus ... Applicant(s) State Of Chhattisgarh Through P.S. Bhupdeopur, District Raigarh (C.G.) ... Respondent(s) For Applicant(s) :
Legal Reasoning
Mr. Ishwar Jaiswal, Advocate. For Respondent(s) : : For objector Mr. Jitendra Shrivastava, Government Advocate. Mr. Aman Saxena , Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/08/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for 2 grant of regular bail to the applicants who have been arrested in connection with Crime No. 48/2025 registered at Police Station Bhupdeopur, District Raigarh (C.G.) for the offence punishable under Section 316(3), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that as per the prosecution case, in nutshell, the complainant made a written complaint on the basis of which an FIR was registered on 17.04.2025 in respect of the incident alleged to have occurred on 12.04.2025, for the offences punishable under Sections 316(3) and 3(5) of the BNS, 2023. The FIR was lodged at the instance of one Amit Jauhari, Assistant Manager, JSW Steel Company. It is alleged therein that the co- accused persons, being employees of JSW Steel Company, prepared forged documents relating to the entry of a vehicle bearing registration No. CG12-BG-9175 and thereby caused financial loss to the company to the tune of Rs.21,41,024/-. On the basis of the said report, the present applicants along with other co-accused persons were charge-sheeted. After completion of investigation, the charge sheet has been filed before the concerned Court. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question only on the basis of memorandum statement of the co-accused/Driver Jafar Khan. He further submits that there is no seizure of any incriminating article from the possession of present applicants. He also submits that one co-accused, namely, 3 Goverdhan Das Agrawal has already been granted regular bail by this Court vide order dated 03.07.2025 in MCRC No.5167 of 2025. The applicants are in jail since 18.04.2025, the applicants have no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 4. Learned State Counsel opposed the bail application and submits that the charge-sheet has been filed in the present case. 5. Learned counsel for the objector opposed the bail application and submits that the applicants while working as weighbridge operators in JSW Steel Company, Raigarh, they, in collusion with others, prepared forged weighment slips for vehicle No. CG12-BG-9175. The said vehicle never actually entered the company premises with material, but on paper, they showed its entry and weighment as if it had. By doing so, they allegedly caused a financial loss of Rs.21,41,024/- to the company, therefore, the applicants are not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 18.04.2025, the fact that though the applicants are alleged to have prepared false weighment slips without any physical entry of goods into the factory and thereby falsely showed material as having been received inside the factory, but the applicants have no 8. 9. 4 criminal antecedents and one co-accused, namely, Goverdhan Das Agrawal has already been granted regular bail by this Court vide order dated 03.07.2025 in MCRC No.5167 of 2025, further charge- sheet has been filed in the present case, this Court is of the view that the applicants are entitled to be released on bail in this case. Accordingly, the application is allowed. Let the Applicants-Pushkar Raj Tiwari and Annunjay Aman, involved in Crime No. 48/2025 registered at Police Station Bhupdeopur, District Raigarh (C.G.) for the offence punishable under Section 316(3), 3(5) of BNS, be released on bail on his furnishing a personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court 5 shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 10. However, this Court hopes and trust that the trial Court would make an earnest endeavour to conclude the trial as early as possible preferably within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 11. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Kunal