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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
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,
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
