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2026 DAILYLAW 17240 (CHH)

SHUBHAM TIWARI v. THE STATE OF CHHATTISGARH

MCRC/1828/2026 · 2026-02-22

body2026

Judgment text

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1 2026:CGHC:9216 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1828 of 2026 Shubham Tiwari S/o Late Milan Tiwari Aged About 30 Years R/o Motilal Nehru Ward Nayapara Jagdalpur, Police Station Bodhghat, District Bastar, Chhattisgarh. ... Applicant versus The State of Chhattisgarh Through The Station House Officer, Police Station Katekalyan, District - Dantewada, Chhattisgarh. ... Non-applicant For Applicant : Mr. Punit Ruparel, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 23.02.2026 1. 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. 08/2025, registered at Police Station – Katekalyan, District - Dantewada (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 201 of Indian Penal Code. (as per charge-sheet). 2. The case of the prosecution, in brief, is that the complainant, Vinod Kumar Nag, filed an FIR claiming ownership of a pickup truck (No. CG 18 N 7514), which was insured by the applicant for a sum of Rs. 21,566/-. The complainant was introduced to the accused, Shubham Tiwari, by Vijay Shivhare. After the insurance was arranged, the complainant PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.02.24 11:22:04 +0530 2 received a fabricated insurance document. Following an accident, during the claim process, it was revealed that the insurance certificate was fraudulent. Consequently, the complainant lodged an FIR against the applicant. A similar offence had been registered against the applicant in Crime No. 59/2021, but the applicant was acquitted by the trial Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant is employed as a Business Executive at Mahindra Finance. When the accident occurred, he received the complaint and advised the complainant on the necessary steps to file the insurance claim. However, the complainant did not comply with these requirements, leading to the rejection of the claim. Subsequently, due to frustration over the claim rejection, the complainant leveled the said allegations against the applicant. The false and fabricated allegations against the applicant are denied, as he provided the original insurance documents. Furthermore, the insurance claim was approved by the tribunal, although the insurance company disputed it by filing a review petition. Hence, the allegations have been leveled against the applicant. It is also submitted that the charge-sheet has already been filed, the applicant is in judicial custody since 13.11.2025, and he has two previous criminal antecedents out of which in one case he has been acquitted and another case is pending. It is further contended that the trial is likely to take a considerable period for its conclusion. Therefore, prayer has been made for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposed the bail application and submitted that the charge sheet has been filed in the present case. He further submitted that the applicant has two previous criminal antecedents, therefore, the applicant is not entitled to be released on bail. 3 5. I have heard learned counsel for the parties and perused 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 and the fact that that the charge-sheet has already been filed, the applicant is in judicial custody since 13.11.2025, and he has two previous criminal antecedents out of which in one case he has been acquitted and another case is pending, 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. 7. Accordingly, the bail application is allowed. Let the applicant - Shubham Tiwari, involved in Crime No. 08/2025, registered at Police Station – Katekalyan, District - Dantewada (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 201 of Indian Penal Code., 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. (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 4 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 Preeti