1 2025:CGHC:32025 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5055 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, Gandhi Nagar, Ambikapur, District - Sarguja Chhattigarh ... Non-applicant 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. 113/2025 registered at Police Station – Gandhi Nagar, Ambikapur, District Sarguja (C.G.) for the offence punishable under Sections 61(2), 316(5), 318(4) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, on the basis of the written complaint of ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.11 18:26:54 +0530 2 the complainant, it is alleged that the applicant and the co-accused committed embezzlement of 21 packets and theft of cash amounting to Rs. 12 lakh from Shura Retail Company. Therefore, FIR No. 113/2025 was registered on 14.02.2025 for offences under Sections 61(2), 316(5), and 318(4) of the BNS, 2023, and the applicant was arrested on 15.02.2025. 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 15.05.2025, in which the police have clearly stated that, till date, no evidence or document regarding the alleged theft or embezzlement of Rs. 12 lakhs has been provided by the complainant. 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. 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 any alleged theft or embezzlement by the applicant. He submits that 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. officer of the State of Chhattisgarh, under his influence, three FIRs have been registered by the police. The above act clearly shows misuse of the police machinery under influence. The nature and gravity of the alleged offence are not such that the applicant would be found guilty of an offence punishable with life 3 imprisonment. He also submits that co-accused, namely, Shivendra Singh in FIR No. 69/2025 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 co-accused, namely, Shivendra Singh in FIR No. 69/2025 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 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 15.02.2025, conclusion of the trial may take some more time, therefore, this 4 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. 113/2025 registered at Police Station – Gandhi Nagar, Ambikapur, District Sarguja (C.G.) for the offence punishable under Sections 61(2), 316(5), 318(4) 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 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 to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in 5 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek