[Cites 6, Cited by 0]
Chattisgarh High Court
Manoj Shrivastava vs State Of Chhattisgarh on 16 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12479
NAFR
KUNAL
DEWANGAN
Digitally
signed by
HIGH COURT OF CHHATTISGARH AT BILASPUR
KUNAL
DEWANGAN
MCRC No. 2426 of 2026
Manoj Shrivastava S/o Daya Shankar Aged About 45 Years R/o House
No. 65, Daudpur, Gorakhpur, Police Station Kent, District Gorakhpur
(U.P.)
... Applicant(s)
versus
State Of Chhattisgarh Through Station House Officer, Police Station
Kawardha, District Kabirdham (Kawardha) (C.G.) (Wrongly Mentioned In
Impugned Order As State Of Chhattisgarh, Through District Magistrate,
District Kabirdham (C.G.)
... Non-Applicant(s)
For Applicant : Mr. Amit Soni, Advocate.
For Non-Applicant/State : Ms. Anusha Naik, Deputy Govt. Advocate.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
16/03/2026
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. 87/2024 registered at Police Station- Kawardha, District-
Kabirdham (Kawardha) (C.G.), for the offence punishable under
Sections 420 and 34 of IPC.
2. Case of the prosecution, in brief, is that the complainant, Navin
Jain, lodged a written report before the concerned Police Station
stating therein that the present applicant, who is the Managing
Director of Kavya Industries, cheated him of Rs. 5,51,000/- on the
pretext of appointing him as a Super Distributor in the State of
Chhattisgarh for its oil manufacturing company. On the basis of the
said allegation, an offence under Section 420 of the IPC was
registered against the present applicant vide Crime No. 87/2024 on
07.02.2024. Pursuant to the registration of the FIR, investigation
was carried out by the non-applicant and after completion of the
investigation, charge sheet for the offence punishable under Section
420 read with Section 34 of the IPC was filed before the competent
Court.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the present case for the
offence punishable under Sections 420 and 34 of IPC and there is
no iota of evidence available against him. It is further submitted that
the applicant is in jail since 23.11.2025 and in the present case the
charge-sheet has already been filed before the competent Court,
therefore no custodial interrogation of the applicant is required. He
further submits that the co-accused persons have already been
released on bail by the police authorities on the basis of
compromise arrived at between the parties. It is also submitted that
the dispute between the parties is purely of civil/commercial nature
and it has been alleged without any material that the applicant used
to roam in other States to cheat innocent persons. He further
submits that the applicant has only one previous criminal
antecedent, which has been explained in para 4(a) of the bail
application. Since the conclusion of the trial is likely to take some
time, he prays that the applicant be enlarged on bail.
4. On the other hand, learned State Counsel appearing for the
State/non-applicant opposes the bail application and submits that
the charge-sheet has already been filed before the competent Court
and the trial is currently in progress. It is further submitted that the
applicant has one criminal antecedent and therefore the present
application deserves to 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,
nature and gravity of offence, period of detention of the applicant
since 23.11.2025 and the fact that in the present case, charge-
sheet has been filed before the competent Court and the applicant
has only one previous criminal antecedent as the same has been
explained in para 4(a) of the bail application and no further
interrogation is required and the trial is likely to take some time for
its conclusion, therefore, without further commenting anything on
merits, I am inclined to grant bail to the applicant.
7. Accordingly, the bail application of the applicant is allowed.
8. Let the applicant - Manoj Shrivastava, involved in Crime No.
87/2024 registered at Police Station- Kawardha, District-
Kabirdham (Kawardha) (C.G.), for the offence punishable under
Sections 420 and 34 of IPC, be released on bail on his furnishing a
personal bond with two local 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.
9. Office is directed to send a certified copy of this order to the trial
Court for necessary information and compliance. dorthwith.
- S/- Sd/-
(Ramesh Sinha)
Chief Justice
Kunal
