1 2026:CGHC:392 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9700 of 2025 • Sashi Kumar Tandi S/o Ekadashi Tandi Aged About 35 Years R/o Raja Talab, Pandritarai, Raipur Tehsil And District Raipur, Chhattisgarh ... Applicant versus • State of Chhattisgarh Through Station House Officer P.S. Tumgaon, District : Mahasamund, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : None. For Respondent/State : Mr. Dharmesh Shrivastava, Dy. A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.01.2026 1. None appears for the applicant on repeated calls, but the applicant is in jail since 27.07.2025, therefore, this Court proceeds to hear the matter finally with the assistance of the learned State counsel. 2. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 153/2025, registered at Police Station – Tumgaon, District – Mahasamund (C.G.) for the offence punishable under Sections 318(4), 336(3), 338, 340(2), 238 of the Bharatiya Nyaya Sanhita, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.06 17:59:04 +0530 2 2023 (BNS). 3. The case of the prosecution, is that the complainant Gendram Jangde lodged a police report at police station Tumgaon, offences under section 318(4), 336(3), 338 and 340(2) of B.N.S. That one Govindram Behra was familiar to the complainant. The complainant discussed about government service of his daughter namely Pritika, then Govindram introduced the complainant to the accused Sashikumar Tandi. The applicant took 1,00,000/- from the complainant on 15.10.2024, infront of Govindram Behra for providing govt service to the daughter of the complainant. Thereafter at Raipur the applicant took 50,000/- from the complainant and handed over an appointment order to the post of peon at office of C.G Rural Dept. On 04.11.2024, the complainant deposited 50,000/- to the Punjab National bank account of the applicant. On 11.11.2024, the complainant again deposited 11000/- through phonepay for joining in the office. The applicant took money from the relatives of the complainant for providing govt. service. The applicant took 11000/- for service of Rupali, 11000/- for service of Dilip Jangde, took 40,000/- through phonepay, 30000/- from Rupali on 31.12.2024, 50000/- from Rupali on 04.01.2025. The applicant handed over appointment order to Ramu Sonwani. The applicant took 22000/- from one Jitendra Chelak and Neha Chelak for providing govt. service of Driver and Data Entry Operator respectively. The applicant took 75000/- and 25000/- from Jitendra Chelak and Anup Chelak. On 10.01.2025, the applicant took 50000/- from Anup Chelak through phonepay. The applicant took total of 5,86,000/- for the alleged offence. FIR was registered against the applicant and applicant was arrested on 27.07.2025, matter was investigated and chargesheet 3 was filed under section 318(4), 336(3), 338, 340(2), 238 of B.N.S. 4. Learned State counsel opposes the bail application and submits that there are three criminal antecedents registered against the present applicant, out of which two cases are still pending and the charge- sheet has been filed in this case. It is further submitted that applicant is in jail since 27.07.2025. 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 applicant, charge- sheet has been filed against the applicant, the applicant is in jail since 27.07.2025 and conclusion of the trial is likely to take some time, looking to period detention of the applicant, I am inclined to allow this application. 7. Let applicant, Shashi Kumar Tandi, involved in Crime No. 153/2025, registered at Police Station – Tumgaon, District – Mahasamund (C.G.) for the offence punishable under Sections 318(4), 336(3), 338, 340(2), 238 of the Bharatiya Nyaya Sanhita, 2023 (BNS), be released on 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 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. 4 (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 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 vaishali