Facts
The applicant, a Business Executive at Mahindra Finance, filed a First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Source reference: para 1The complainant, Vinod Kumar Nag, alleged that the applicant provided a fabricated insurance document for his pickup truck.
Source reference: para 2Following an accident, the insurance claim was rejected as the certificate was found to be fraudulent, leading to an FIR under Sections 420, 467, 468, 471, and 201 of the IPC
Source reference: para 2The applicant contended that the documents were original, the claim rejection prompted the false FIR, and the insurance tribunal had actually approved the claim
Source reference: para 3The applicant has been in judicial custody since November 13, 2025, and the charge-sheet has been filed
Source reference: para 3Issues
Whether the applicant is entitled to regular bail under Section 483 of the BNSS considering the nature of allegations, the filing of the charge-sheet, and his period of incarceration
Source reference: para 1, 6Law Applied
The Court considered Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 439 CrPC) regarding the High Court’s power to grant bail
Source reference: para 1The substantive charges were brought under Sections 420 (Cheating), 467 (Forgery of valuable security), 468 (Forgery for purpose of cheating), 471 (Using as genuine a forged document), and 201 (Causing disappearance of evidence) of the Indian Penal Code
Source reference: para 1The Court also referenced procedural safeguards under Section 269 (non-appearance), Section 84 (proclamation for person absconding), and Section 209 (non-compliance with proclamation) of the Bharatiya Nyaya Sanhita (BNS)/BNSS
Source reference: para 7Reasoning
The Court evaluated the facts and circumstances, noting the gravity of the allegations alongside the progress of the investigation.
Source reference: no citationIt specifically observed that the charge-sheet had already been filed and the applicant had been in custody for over three months
Source reference: para 6Although the State counsel opposed bail citing two previous criminal antecedents, the Court noted that the applicant was acquitted in one and the other remains pending
Source reference: para 3, 4, 6Reasoning that the trial is likely to consume a considerable amount of time, the Court determined that continued detention was unnecessary, provided stringent conditions were imposed to ensure the applicant's participation in the trial and to prevent the abuse of liberty
Source reference: para 3, 6, 7Holding
The Court allowed the bail application and ordered the release of the applicant upon furnishing a personal bond with two sureties
The holding is subject to conditions: the applicant must not seek unnecessary adjournments, must be present on all trial dates (specifically for framing of charges and recording of statements), and must comply with BNS/BNSS provisions regarding court appearances; failure to do so permits the trial court to treat such default as an abuse of liberty
Source reference: para 7Original Court PDF
Shubham Tiwari v. State of Chhattisgarh [MCRC No. 1828 of 2026 (2026:CGHC:9216)]
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