1 2026:CGHC:5029 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10419 of 2025 Ankit Tiwari S/o Virendra Kumar Tiwari Aged About 34 Years R/o Civil Line, Baloda Bazar, Behind 29 Quarters, Baloda Bazar, Distt.- Baloda Bazar- Bhatapara Chhattisgarh (Age, Father Name And Address Is Not Mentioned In Bail Rejection Order) ... Applicant versus State Of Chhattisgarh Through- Police Station, Bacheli, District- South Bastar Dantewada, Chhattisgarh. ... Respondent For Applicant : Shri Mateen Siddiqui, Advocate. For Respondent/State : Ms. Anusha Naik, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/01/2026 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.49/2025 registered at Police Station Bacheli, District South Bastar Dantewada Chhattisgarh for the offence punishable under Section 316(5) read with section 3(5) of Bhartiya Nyaya Sanhita, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.30 18:35:06 +0530 2 2. Case of the prosecution, in brief, is that on 25.11.2025 a surprise inspection was conducted at English composite Liquor shop Bacheli. During the Physical inspection of the shop 92,09,370/- (Ninty-two Lakhs Nine thousands Three hundred seventy) Further amount of Rs. 60,38,404 (Sixty Lakhs Thirty Eight Thousand Four Hundred Four) has not been deposited in the Bank Account. Therefore the amount of Rs. 1,52,47,774/- (One Crore Fifty-Two Lakhs, Forty-Seven Thousand Seven Hundred Seventy-Four) has been embezzlement by fraud by the co-accuseds namely Deepak Yadav, Kosuri Chandershekhar, Rakesh Uike, Devendra Kumar Paikara, Ajay Kumar Sharma. Further the co-accused Ajay Kumar Sharma has taken the money through U.P.I Id from the shop and taken bottles of Liquors from the shop have embezzlement the money from the shop. Further the audit of the shop has been done till September 2025. Therefore the embezzlement of money has been done from 1.10.2025 till 24.11.2025.Therefore, the FIR has been registered Under Section 316(5) read with section 3(5) of Bhartiya Nyaya Sanhita, 2023 has been registered against the present applicant. 3. Learned counsel for the applicant submitted that the applicant is not named in the FIR and his name has come into light in the memorandum statement of the co-accused during the course of investigation. It is further submitted that applicant was the District Coordinator and was appointed on 9/09/2025 of various district. It is stated that no recovery of any amount was made from his possession or his account. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 29/11/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the 3 applicant. 4. On the other hand, learned State Counsel opposes the bail application and she 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, nature of allegation levelled against the applicant, further the fact that applicant is not named in the FIR and his name has come into light in the memorandum statement of the co-accused during the course of investigation, period of detention of the applicant since 29/11/2025, 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- Ankit Tiwari, involved in Crime No.49/2025 registered at Police Station Bacheli, District South Bastar Dantewada Chhattisgarh for the offence punishable under Section 316(5) read with section 3(5) of Bhartiya Nyaya Sanhita, 2023, 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 4 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 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri