KISHAN TIWARI vs STATE OF CHHATTISGARH

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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.
Digitally
signed by
KRISHNA
KUMAR
BARVE
Date:
2026.09.01
19:41:36
+0530
KRISHNA
KUMAR
BARVE

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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

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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.
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:-

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(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.

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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