1 CGHC010336182026 2026:CGHC:38617 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8058 of 2026 Kishan Tiwari S/o Jai Kumar Tiwari Aged About 23 Years Resident Of Village Anjokhurd, Police Station Patna, District Koriya (C.G.) ... Applicant versus State Of Chhattisgarh Through- The Station House Officer, Police Of Police Station Patna, District Koriya (C.G.) ... Non-Applicant For Applicant : Shri Anil Gulati, Advocate. For Non-Applicant : Shri Soumya Rai, Deputy GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01/09/2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.58/2026 registered at Police Station Patna, District Koriya (C.G.) for the offence under Sections 318 (4), 336 (3), 338, 238 of the BNS. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.09.01 19:41:36 +0530 2 2. The prosecution case, in brief, is that an FIR was lodged by the complainant alleging inter-alia that he was working as Peon at Government Higher Secondary School at Dumariya and the applicant asked the complainant that job will be provided to his wife at Nagar Panchayat Patna and in lieu of that the applicant received sum of Rs.2 lakhs via phone pay and cash on different dates. It is alleged that the applicant sent the forged appointment order through whatsapp to the complainant and thereafter the complainant came to know that he has been cheated by the applicant. It is further alleged against the applicant that he received the amount from different persons and thus the applicant committed the fraud of Rs.4,49,000/-. Hence the bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. An amount of Rs.25,000/- was alleged to be received by the applicant so far and the same was received from the purposes of digging the Bore and the applicant is in the need of money, borrowed the money from the complainant and when the applicant failed to return the amount, a false and fabricated cases registered against him by the complainant. The complainant is a Peon and was posted at Higher Secondary School Dumariya, so he is very much aware with regard to the jobs and appointment, which was made by the government from time to time and the complainant is not illiterate person. The applicant does not have 3 any criminal antecedent. The applicant is in jail since 9.6.2026. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicant has one criminal antecedent under the BNS, which has not been explained by the applicant and the charge sheet has been submitted against the applicant. Therefore, the bail application may be rejected. 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, and the fact that the charge sheet has already been submitted against the applicant, applicant has only one criminal antecedent under the BNS, which has not been explained by the applicant, the applicant is in jail since 9.6.2026 and conclusion of trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. Accordingly, the Application is allowed. 7. Accordingly, the Application is allowed. 7. Let the Applicant – Kishan Tiwari, involved in Crime No.58/2026 registered at Police Station Patna, District Koriya (C.G.) for the offence under Sections 318 (4), 336 (3), 338, 238 of the BNS, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 (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 their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them 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. 5 If in the opinion of the trial court absence of the applicants are 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Barve