1 2025:CGHC:52211 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6545 of 2025 Shubham Tiwari S/o Awadhesh Tiwari Aged About 26 Years R/o Ramnagar Jail Road Ward No.21 Dongargarh, District : Rajnandgaon, Chhattisgarh --- Applicant versus State Of Chhattisgarh Through Station House O)cer, Police Station Kotwali, District – Rajnandgaon, Chhattisgarh. --- Non-applicant Along with MCRC No. 7800 of 2025 Mange Alkeshkumar Premji Bhai S/o Shri Premjibhai Mange Aged About 35 Years R/o 201, Nana Complex, Dungar Faliya, Dungar (R.S.), Dungri, District- Valsad (Gujarat) ---Applicant Versus State Of Chhattisgarh Through The Station House O)cer, P.S. Kotwali, Rajnandgaon, District – Rajnandgaon (C.G.) ---- Non-applicant For Applicants : Mr. Aditya Bhardwaj and Ms. Akanksha Jain, Advocates. For Non-applicant/State : Dr. Sourabh K. Pande, Deputy Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.10.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 33/2025, registered at Police Station – Kotwali, District – Rajnandgaon (C.G.) for the o>ence punishable under Sections 318(4), 319, 317(4), 112 and 61 of the Bharatiya Nyaya Sanhita, 2023 (BNS). RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 2. The case of the prosecution, is that the complainant, Rupesh Kumar Sahu, Aled a written report before the police stating that he had a customer named Ashutosh Sharma. In December 2024, Ashutosh Sharma informed him that his own bank account had been frozen and, therefore, requested Rupesh Sahu/complainant to allow funds to be received in his bank account. The complainant/ Rupesh began receiving money in his Bank of Baroda account on six-seven occasions which he would then withdraw and hand over to Ashutosh Sharma and in return he was paid 5% commission. On 21.12.2024, Ashutosh informed Rupesh that a sum of Rs.90,000 would be transferred to his account. The amount was duly received and transferred to Ashutosh Sharma. However, two-three days later, Rupesh's bank account was frozen. He then enquired at the bank, wherein he was informed that the account has been frozen by the Cyber Crime department. Upon inquiry, the investigating agency had made all the persons who made transactions in the accounts as accused, whereas Ashutosh Sharma has been released under Section 35 BNSS and was let o> as per the chargesheet. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and the charge-sheet has been Aled in this case. It is further submitted that Ashutosh Sharma has been released under Section 35 BNSS and was let o> as per the chargesheet, furthermore, the co-accused namely, Rohit Birwani, Deepak Kumar Naredi, Saniya Prasanna Shah, Shrenik Kumar Sanghavi has been granted bail by this Court in M.Cr.C. No. 3795/2025 on 13.05.2025, M.Cr.C No. 4520/2025 on 31.07.2025, M.Cr.C. No. 5385/2025 on 31.07.2025, and M.Cr.C. No. 6361/2025 on 29.08.2025. The applicants are in jail since 21.03.2025 and trial is likely 3 to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that in compliance of the Court’s order dated 26.09.2025, the Superintendent of Police, Rajnandgaon, has Aled his personal a)davit regarding the incriminating evidence collected against the applicants, and there is one criminal antecedents registered against the present applicants, therefore, they are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that charge-sheet has been Aled against the applicants, further the the fact that Ashutosh Sharma has been released under Section 35 of BNSS and was let o> as per the charge-sheet, furthermore, the co- accused namely, Rohit Birwani, Deepak Kumar Naredi, Saniya Prasanna Shah, Shrenik Kumar Sanghavi have been granted bail by this Court in M.Cr.C. No. 3795/2025 on 13.05.2025, M.Cr.C No. 4520/2025 on 31.07.2025, M.Cr.C. No. 5385/2025 on 31.07.2025, and M.Cr.C. No. 6361/2025 on 29.08.2025, the applicants are in jail since 21.03.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants, Shubham Tiwari and Mange Alkeshkumar Premji Bhai, involved in Crime No. 33/2025, registered at Police Station – Kotwali, District – Rajnandgaon (C.G.) for the o>ence punishable under Sections 318(4), 319, 317(4), 112 and 61 of the BNS, be released on 4 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 applicants shall Ale an undertaking to the e>ect that he shall not seek any adjournment on the dates Axed 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 Axed, either personally or through his counsel. In case of his absence, without su)cient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date Axed 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 applicants shall remain present, in person, before the trial court on the dates Axed 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 is deliberate or without su)cient 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. O)ce is directed to send a certiAed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar