Nafr High Court
Case Details
1 2025:CGHC:44026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6825 of 2025 Shivendra Tiwari S/o Krishna Kumar Tiwari (As Per Chargesheet) Aged About 25 Years R/o Street No. 37 Quarter No. 17/F, Sector 07, Bhilai, District Durg (C.G.) versus ... Applicant State of Chhattisgarh Through Police Station Vaishali Nagar, Bhilai, District Durg (C.G.) ... Non-applicant
Legal Reasoning
ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.30 12:06:35 +0530 For Applicant : Mr. Shikhar Bakhtiyar, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 139/2025 registered at Police Station Vaishali Nagar, District Durg (C.G.) for the offence under Section 351(4), 140(1), 61(2) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, the complainant Prahlad lodged a report before the police station stating that since 20.05.2025, at about 05:00 P.M., somebody had been continuously calling his nephew on Mobile No. 2 8109857496 and threatening to kill him over a money transaction. It was further stated that his nephew had gone on a pilgrimage to Vaidyanath (Jharkhand). On the basis of the complaint, the police registered Crime No. 139/2025 under Section 351(4) of the Bharatiya Nyaya Sanhita and commenced investigation. During investigation, the police ofÏcials traced the said mobile number, and its location was found at Bokaro. Accordingly, a police team went to Bokaro, where they apprehended a suspect namely Rahul Paswan and inquired about Rajat Shah. During interrogation, Rahul Paswan disclosed that he, along with co-accused persons Aniket Mahto, Simran, Vikku @ Vikrant, Kaju @ Aman, and Shubham, had confined Rajat Shah and were demanding money from his family as they had lost money in “Reddy Anna” cricket betting. Thereafter, the police rescued Rajat Shah and apprehended the said accused persons, namely Aniket Mahto, Simran, Vikku @ Vikrant, Kaju @ Aman, Shubham, and Rahul Paswan. Consequently, Sections 140(1) and 61(2) of the BNS were also added in the crime. During investigation, the police recorded the memorandum statement of co-accused Simran Kaur, wherein she stated that she had called the present applicant on her mobile number 9131854743. She further disclosed that the present applicant was connected with some middleman, and she told him that she was now free and if there was any work, he should inform her, as she would bring a boy namely Rajat. Thereafter, the present applicant provided the mobile number of Modi @ Narottam to Simran and told her that Modi was currently working, and she could talk to him. On the basis of Simran Kaur’s memorandum, the police found a connection of the present applicant with the present crime, and accordingly, he was arrested. 3 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. He further submits that the present applicant was arrested by memorandum statement of co- accused Simar and the allegation against the applicant is only that applicant has provide mobile NO. ofr Modi @ Narotam to the Simarn. He further submits that present applicant has no criminal antecedent and he is in jail since 24.05.2025, 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 counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and also endorse the said submission that the applicant has no criminal antecedents. 5. I have heard learned counsel appearing for the parties and perused the case dairy. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has no criminal antecedents, moreover, the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 24.05.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the Applicant - Shivendra Tiwari, involved in Crime No. 139/2025 registered at Police Station Vaishali Nagar, District Durg (C.G.) for the offence under Section 351(4), 140(1), 61(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with 4 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 his 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. (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. 5 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Abhishek