1 CGHC010291602026 2026:CGHC:32918 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6881 of 2026 1 - Sonu Kumar Tiwari S/o Amrit Lal Tiwari Aged About 40 Years R/o Bangla Risiya, Police Station And Tahsil- Risiya, District Bahraich, U.P. --- Applicant(s) versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station - Pipariya, Outpost- Dashrangpur, District- Kabirdham, C.G. --- Respondent(s) With MCRC No. 6883 of 2026 1 - Dinesh Kumar Sharma S/o Ramanand Sharma Aged About 46 Years R/o Gilaula Police Station Gilaula, District- Shrawasti (U.P.) At Present R/o Village- Madmada, Police Station Pandatarai District- Kabirdham (C.G.) 2 - Dadanu Tiwari S/o Nan Baccha Aged About 36 Years R/o Dharva Police Station Gilaula, District- Shrawasti U.P.) At Present R/o Village Madmada Police Station Pandatarai District- Kabirdham (C.G.) RUCHI YADAV Digitally signed by RUCHI YADAV 2 3 - Ghanshyam Azad S/o Tejram Azad Aged About 31 Years R/o Komoliya Police Station Bahraich (Dehat) (U.P.) At Present R/o Village- Madmada, Police Station Pandatarai, District - Kabirdham (C.G.) ---Applicant(s) Versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station - Pipariya, Outpost- Dashrangpur, District- Kabirdham (C.G.) --- Respondent(s) For Applicant(s) : Mr. Deepak Diwakar, Advocate For Respondent(s)/State : Ms. Smriti Shrivastava, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/07/2026 1. Since the aforesaid bail applications arise out of the same crime number, they are being heard and decided by this common order. 2. These are the first bail applications filed by the applicants under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS"), seeking grant of regular bail. The applicants have been arrested in connection with Crime No. 166/2026 registered at Police Station Pipariya, Outpost Dashrangpur, District Kabirdham, for the offences punishable under Sections 316(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, "BNS"). 3 3. As per the prosecution case, on 14.06.2026, the complainant, Shri Shailendra Verma, Assistant Manager, CABCON India Limited, lodged a written report alleging that the present applicant, who was working as the Power of Attorney holder of Tiwari Construction, along with four co-accused persons, dishonestly removed and transported electrical materials belonging to the company from the temporary store established at Kosmanda under the RDSS Scheme, thereby causing wrongful loss to the company amounting to approximately ₹6,75,100/-. On the basis of the said report, the applicant and the co-accused persons were arrested for the offences punishable under Sections 316(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is submitted that the dispute, if any, is purely contractual and commercial in nature arising out of non-payment of contractual dues by the company. It is further submitted that the electrical materials were being transported for depositing the same in the company store pursuant to the instructions of the company officials, and therefore, the essential ingredients of the offence under Section 316(5) of the Bharatiya Nyaya Sanhita, 2023 are not attracted. Learned counsel further submits that co-accused Abhishek Baghel has already been granted bail by the learned trial Court vide order dated 29.06.2026 passed in B.A. No. 199/2026. It is further submitted that the applicants have been in 4 judicial custody since 15.06.2026, the investigation has been completed and the charge-sheet has already been filed, and they have no criminal antecedents. Therefore, it is prayed that the applicants be enlarged on regular bail. 5. Per contra, learned State counsel opposes the bail applications and submits that though the investigation has been completed, the charge-sheet has already been filed and the applicants have no criminal antecedents, considering the material collected during investigation, they are not entitled to the benefit of regular bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, particularly the fact that the applicants have been in judicial custody since 15.06.2026, the investigation has been completed and the charge-sheet has already been filed, the applicants have no criminal antecedents, the dispute appears to arise out of a contractual transaction and a co-accused has already been granted bail by the learned trial Court, this Court is of the opinion that further custodial detention of the applicants is not warranted at this stage. Without expressing any opinion on the merits of the case, this Court is inclined to allow the present bail applications. 8. Accordingly, the bail applications are allowed. Let the applicants, namely, Sonu Kumar Tiwari, Dinesh Kumar Sharma, Dadanu Tiwari and Ghanshyam Azad, involved in Crime No. 166/2026 5 registered at Police Station Pipariya, Outpost Dashrangpur, District Kabirdham, for the offences punishable under Sections 316(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on each of them furnishing a personal bond with two local sureties of the like amount to the satisfaction of the Court concerned, subject to the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial 6 court shall initiate proceedings against them, 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 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 applicants 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 them in accordance with law. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Ruchi