Nafr High Court
Case Details
1 2025:CGHC:46618 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7285 of 2025 VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.12 18:30:12 +0530 • Neeraj Chawala @ Neeraj Sharma S/o Rajkumar Sharma Aged About 45 Years R/o House No. 647 Ganesh Chowk, Lal Mati, P.S. Dhamapur, District Jabalpur, M.P. versus ... Applicant • State of Chhattisgarh Through The Station House Officer, P.S. Parpodi, District Bemetara, C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant For Respondent/State : :
Legal Reasoning
bail by this Court in MCRC No.4077 of 2025 (Uddeshya Tiwari), MCRC No. 4067 of 2025 (Horilal Sen) and MCRC No.1937 of 2025 (Akash Sahu and Sahil Barman) vide orders dated 27.06.2025 and 06.05.2025 respectively and two other co-accused namely Arpit Mishra and Abhishek Dahiya bail application have also been rejected in MCRC No.4150 of 2025 and MCRC No.4530 of 2025 vide order dated 29.05.2025 and 16.07.2025 respectively, on the ground that they have criminal antecedents of 13 cases and 6 cases respectively. He also submits that present applicant has only one previous criminal antecedent in crime No.170 of 2025 for the offence under Sections 318(4), 111, 238(3) and 61(2) of BNS, in which present applicant is granted bail by the High Court of Madhya Pradesh at Jabalpur in MCRC No.25166 of 2025. He also submits that in the present case, applicant is in jail since 31.05.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel 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. He further submits that applicant has one previous criminal antecedent in crime No.170 of 2025 for the offence under Sections 318(4), 111, 238(3) and 61(2) of BNS, in which present applicant is granted bail by the High Court of Madhya Pradesh at Jabalpur in MCRC No.25166 of 2025. He further submits that applicant is resident of State of Madhya Pradesh, Jabalpur. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, considering the fact that co-accused persons have already granted regular bail by this Court in MCRC No.4077 of 2025 (Uddeshya Tiwari), MCRC No. 4067 of 2025 (Horilal Sen) and MCRC No.1937 of 2025 (Akash Sahu and Sahil Barman) vide orders dated 27.06.2025 and 06.05.2025 respectively, applicant is in jail since 31.05.2025, applicant has one criminal antecedent, the charge-sheet has been filed, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Neeraj Chawala @ Neeraj Sharma, involved in Crime No.8/2025 registered at Police Station-Parpodi, District-Bemetara (C.G.), for the offence punishable under Sections 318(4), 111 of BNS, 2023 and Section 66 (|) of I.T. Act., be released on bail on their 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 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 and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails 4 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 forthwith. - vaishali Sd/- (Ramesh Sinha) Chief Justice
Arguments
Mr. Suresh Kumar Verma, Advocate Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/09/2025 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.8/2025 registered at Police Station-Parpodi, District-Bemetara (C.G.), for the offence punishable under Sections 318(4), 111 of BNS, 2023 and Section 66 (|) of I.T. Act. 2. As per prosecution story in brief is that complainant Yamini Tamrakar given a written report before the police station Parpodi, District-Bemetara as per the complainant on dated 22.01.2025 in her mobile on whatsapp, someone has called that from the outside the illegal article was came in her name therefore, the FIR was lodged in the name of the complainant therefore, due 2 to disposed of the FIR they received the amount from different UPI ID total of Rs.9,11,999/- the amount was transferred. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. It is argued by learned counsel for the applicant that there are total seven accused persons including the present applicant, out of which four accused persons have already granted regular