Suresh Diwan, Aged About 31 Years, S/o Mohanlal Diwan R/o Jamli, Post Patseoni, P.S v. State Of Chhattisgarh Through P.S. Civil Lines, Distt. - Raipur Chhattisgarh
Case Details
1 2025:CGHC:41262 NAFR GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.18 14:42:47 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6464 of 2025 Suresh Diwan, Aged About 31 Years, S/o Mohanlal Diwan R/o Jamli, Post Patseoni, P.S. Tehsil - Kurud, District Gariyaband Chhattisgarh (Details Mentioned As Per Order Sheet) ... Applicant versus State Of Chhattisgarh Through P.S. Civil Lines, Distt. - Raipur Chhattisgarh ... Respondent For Applicant
Legal Reasoning
Rajesh Tandon has been granted regular bail by this Court in MCRC No.6222/2025 on 6/08/2025, there is no previous criminal antecedents against the applicant, period of detention of the applicant since 05/04/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Suresh Diwan, involved in Crime No.141/2025 registered at Police Station P.S. Civi-Lines Distt.-Raipur (C.G.) for the offence punishable under Sections 331(4), 305 & 3(5) of BNS, be released on bail on his furnishing a 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 5 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri
Arguments
: Ms. Anamika Jain, Advocate. For : Shri Nitansh Jaiswal, PL. Respondent/State Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/08/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.141/2025 registered at Police Station P.S. Civi-Lines Distt.-Raipur (C.G.) for the offence punishable under Sections 331(4), 305 & 3(5) of BNS. 2 2. As per the prosecution story, the complainant, Sanjay Rathi, lodged a written report at Police Station Civil Lines stating that he is the proprietor of a clothing showroom operating under the name Shri Shivam located in Pandri. The showroom comprises two cash counters, where daily cash collections are stored. According to the complainant, an amount of Rs. 29,60,774/-was kept in the main cash counter, and Rs. 10,26,440/- was stored in the second counter. On 31.03.2025, at approximately 11:00 PM, the manager of the showroom, Gaurav Pandey, securely locked the premises and left for his residence. On the following day, i.e., 01.04.2025, at about 09:30 AM, one of the employees, Anil Gautam, arrived to open the showroom and entered the premises along with three cleaning staff members. Shortly thereafter, the cleaning staff observed that the door leading to the upper ceiling was open, the latch was broken, and the lock was found lying to the side. Upon discovering this, Anil Gautam inspected the main cash counter and immediately informed the complainant telephonically that the drawer of the main counter was found empty, indicating that cash had been stolen. Upon receiving the information, the complainant rushed to the showroom and discovered that Rs. 29,60,774/-, which had been kept in the main counter, had been stolen, while the sum of Rs. 10,26,440/ in the second counter remained untouched. The latch on the upper ceiling door was indeed broken and the door was found open. Subsequently, on reviewing the CCTV footage installed in the premises, it was revealed that an unknown individual had concealed himself inside the showroom prior to closing time. Once the premises were locked at night, the said person stole the 3 cash amounting to Rs. 29,60,774/- from the main drawer and exited the premises by breaking the latch of the upper terrace door. Based on the aforesaid report of the complainant, Police Station Civil Lines registered Crime No. 141/25 under Sections 305 and 331(4) of the Bharatiya Nyaya Sanhita, 2023. Upon completion of the investigation, a charge sheet has been filed before the competent Court against the applicant/accused and three co-accused persons under Sections 331(4), 305, and 3(5) of the B.N.S., 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case and there is no seizure from the present applicant. She would submit that co-accused person namely Parmeshwar Baghel has been granted regular bail by this Court in MCRC No.6134/2025 on 05/08/2025 and other co-accused person namely Rajesh Tandon has been granted regular bail by this Court in MCRC No.6222/2025 on 6/08/2025. She would submit that the charge sheet has been filed in this case and the applicant is in jail since 05/04/2025 and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. He would further submit that there is no previous criminal antecedents against the applicant. 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, considering the fact that co-accused person namely Parmeshwar 4 Baghel has been granted regular bail by this Court in MCRC No.6134/2025 on 05/08/2025 and other co-accused person namely