Chattisgarh High Court
Diwakar Avsariya vs State Of Chhattisgarh on 13 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12146
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 796 of 2026
Diwakar Avsariya S/o Bharatlal Avsariya Aged About 42 Years R/o Mahadev
Nagar, Near Ashadeep College, Naya Changora Bhatha Raipur, District
Raipur C.G.
... Applicant
versus
State Of Chhattisgarh Through Officer-In-Charge Police Station- Kasdol,
District - Balodabazar-Bhatapara, C.G.
---- Non-applicant
For Applicant : Mr. Ashutosh Mishra, Advocate.
For Non-applicant/State : Mr. Sourabh K. Pande, Dy. Adv. General.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
13.03.2026
1.The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of RAJSHEKHAR SONI regular bail, as he has been arrested in connection with Crime No. Digitally signed by RAJSHEKHAR 433/2025, registered at Police Station - Kasdol, District - Balodabazar- SONI Bhatapara (C.G.) for the offence punishable under Sections 318(4), 316(5), 318(3), 3(5) and 111 of the BNS.
2. The case of the prosecution, is that the complainant Chhedilal Sahu made a complaint alleging that he along with two other had given Rs. 39,10,000/- to Ramnarayan Sahu, Gulshan Sahu, Kusumrani Sahu, Shashikiran Sahu and Tuleshwar Sahu for investment in share trading. It has been further alleged that the said amount was taken by the above mentioned person on pretext of returning the said amount with double in two years. It has also been alleged that the said amount was 2 deposited Rs. 14,00,000/- through RTGS in the account of accused persons on different occasions through and cash was also given to accused persons. That thereafter First Information Report was lodged. Hence, this application.
3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are a total of 4 criminal antecedents of the applicant. It is further submitted that the charge-sheet has been filed in this case, and the co-accused persons have been granted bail by this Court vide order dated 09.10.2025 passed in MCRC No.7038/2025. The applicant is in jail since 13.07.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail.
4. On the other hand, the learned State counsel opposes the bail application and submits that there are a total of 4 criminal antecedents of the applicant, the charge-sheet has been filed in this case, and the applicant is not entitled for grant of bail.
5. I have heard learned counsel for the parties and perused all of 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 there are a total of 4 criminal antecedents of the applicant, charge-sheet has been filed against the applicant, and the co-accused persons have been granted bail by this Court vide order dated 09.10.2025 passed in MCRC No.7038/2025, the applicant is in jail since 13.07.2025 and conclusion of the trial is likely to take some time, 3 I am inclined to allow this application.
7. Let applicant, Diwakar Avsariya, involved in Crime No. 433/2025, registered at Police Station - Kasdol, District - Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 318(4), 316(5), 318(3), 3(5) and 111 of the BNS, 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 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 Rajshekhar