1 2025:CGHC:50915 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7209 of 2025 Balmik Tiwari S/o Sushil Kumar Aged About 38 Years R/o Village Uttarva, Police Station Badausa, District Banda, State- Uttar Pradesh, 210201. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Dharsiva, District : Raipur, Chhattisgarh ... Respondent For Applicant : Shri Sachin Nidhi, Advocate. For Respondent/State : Shri Nitansh Jaiswal, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/10/2025 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.259/2025 registered at Police Station Dharsiva Dist. Raipur (CG) for the offence punishable under Sections 318, 319, 3 (5) of B.N.S. (Corresponding Sec. 415, 420 of IPC) GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.14 17:36:47 +0530 2 2. Case of the prosecution, in brief, is that the complainant namely Mohandas Banjare lodged police complaint in P.S. Dharsiva that he received call from phone no. 92049-16441 an unknown person introduced himself as a senior intelligence officer of police and asked the complainant for help to catch the accused for which the account number of a civilian is required the complainant first transfer Rs. 30,000/- and in second time Rs. 9,000/- Total of Rs. 39,000/- was transferred by the complainant to the unknown Person account. After this incident the complainant understood that it is a fraud and lodged a report against the unknown person. On the above written report of the Complainant, Dharsiva police during investigation the location of the applicant was found in Raipur and he was taken into custody and the P.S. Dharsiva has registered a crime against the applicant under section 318, 319, 3 (5) of B.N.S under crime number 259/2025. 3. Learned counsel for the applicant submits that the applicant is innocent person and he has been falsely implicated in the case. He would submit that complainant himself stated in his affidavit that the compromise has been done between the parties before the Learned Court below dated on 26.07.2025 the copy of compromise letter document is annexed as ANNEXURE A/3. He would submit that even in the FIR it has not been mentioned that the present applicant having involvement in the aforesaid crime, but despite of that the F.I.R. has been registered only on the basis of the suspicion. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 31/05/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State Counsel opposes the bail application. He would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal antecedents. 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, submissions of learned counsel for the parties, further the fact that compromise has been done between the parties, period of detention of the applicant since 31/05/2025, charge sheet has been filed, applicant has no criminal antecedents 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- Balmik Tiwari, involved in Crime No.259/2025 registered at Police Station Dharsiva Dist. Raipur (CG) for the offence punishable under Sections 318, 319, 3 (5) of B.N.S., be released on bail on his 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 4 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 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the date of receipt of this order in accordance with law, if there is no legal impediment. 9. 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