Nafr High Court · 2024
Case Details
1 2025:CGHC:39987 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 189 of 2025 Rajendra Palange S/o Prasad Ram Palange Aged About 31 Years R/o Village Nandeli, Police Station Jaijaipur, District- Sakti, Chhattisgarh. --- Applicant versus State Of Chhattisgarh Through- Station House Officer Police Station Civil Line, District- Bilaspur, Chhattisgarh. --- Non-applicant MCRC No. 5962 of 2025 Rajendra Palange S/o Prasad Ram Palange Aged About 31 Years R/o Village Nandeli, Police Station Jaijaipur, District - Sakti (C.G.) ---Applicant Versus State Of Chhattisgarh Through S.H.O. Police Station Civil Lines, District - Bilaspur (C.G.) --- Non-applicant MCRC No. 5864 of 2025 Rajendra Palange S/o Prasad Ram Palange, Aged About 31 Years R/o Village Nandeli, Police Station Jaijaipur, District Sakti C.G. ---Applicant Versus State Of Chhattisgarh Through S.H.O. Police Station Civil Line, District Bilaspur C.G. For Applicants
Legal Reasoning
: Mr. Awadh Tripathi, Advocate. For Non-Applicant/State : Dr. Saurabh K. Pande, Deputy Advocate General. --- Non-applicant PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.08 20:45:50 +0530 08/08/2025 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 1. Since the above-mentioned three bail applications arise out of same applicant, they are clubbed and heard together and are being disposed of by this common order. 2. These are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail to the applicant who has been arrested in connection with Crime No. 1213/2024 (in MCRC No. 189/2025), Crime No. 1212/2024 (in MCRC No. 5864/2025) and Crime No. 1210/2024 (in MCRC No. 5962/2025) registered at Police Station – Civil Line, District – Bilaspur (C.G.) for the offence punishable under Sections 318(4), 336(3), 338, 340(2) and 61(1) of Bharatiya Nyaya Sanhita, 2023 (in MCRC No. 189/2025) and under Sections 318(4), 336(3), 338, 340(2) and 61(2) of Bharatiya Nyaya Sanhita, 2023 (in MCRC Nos. 5864/2025 and 5962/2025). 3. In MCRC No. 189/2025 - The prosecution's case is that the applicant with the aid of other accused persons allured Govind Chandra that in the name of getting him a job in the Post of Clerk at PWD office, Nand Kumar Shandilya and Nitish Bhardwaj in the Post of GD Constable in Baloda Bazar and taken Rs. 5 Lakhs from both of them and Rs. 6 Lakhs from Govind Chandra. When the accused persons collected the money they also issued forged appointment letter and applicant received Rs. 50,000/- as commission from each client. Based on this offence has been registered against the present applicant. 4. In MCRC No. 5864/2025 - The prosecution's case, in brief, is that the complainant, Nitish Bhardwaj, submitted a written complaint stating that one Rinki and Sanjit Tandon introduced him to Gurushankar Divya and 3 Kapil Goswami at Hotel East Park, Bilaspur. Kapil Goswami promised to secure him a job as a police constable through the sports quota under a minister’s quota, in exchange for H6 lakh. He also collected the complainant’s academic certificates (10th, 12th, college, PGDCA), caste and residence certificates, seven passport-size photographs, registration and Aadhaar card, SBI passbook, and PAN card. On 02.12.2024, the complainant and his father, along with Sanjit Tandon, went to Hotel East Park and handed over H6 lakh in cash to Kapil Goswami through Gurushankar Divya. Around 12th or 13th December 2024, Kapil showed the complainant a joining letter for the post of constable in Baloda Bazar and told him to prepare for joining, but then took the letter back. Later, when the complainant inquired about the job, he realized that Kapil Goswami and Gurushankar Divya had cheated him. Based on this complaint, Crime No. 1212/2024 was registered against Gurushankar Divya, Kapil Goswami, and others. The present applicant was arrested on 09.12.2024 in connection with the alleged offenses 5. In MCRC No. 5862/2025 - The prosecution case is that the complainant, Govind Chandra, a resident of Village Bhatamahool, Police Station Hasaud, District Shakti, submitted a written complaint along with others. He stated that about five months ago, he met Gurushankar Divya, a resident of Jaijepur, who informed him about a vacancy for the post of clerk in the Public Works Department (PWD), Bilaspur. Gurushankar assured him that he could secure the job through Kapil Goswami alias Kapileshwar, for a sum of H5 lakh. Subsequently, Gurushankar and Kapil called him to Hotel East Park, Bilaspur, where the complainant went along with his acquaintances Rajendra Palange (the present applicant) and Baijnath Navneet. At the hotel, Kapil claimed to have contacts at the ministerial level and reiterated that the job would cost H5 lakh. He 4 demanded the complainant’s educational documents (Class 10th, 12th), caste certificate, employment registration details, and H2.5 lakh by 22.08.2024. Later, Kapil, through Gurushankar, sent a photo of a joining letter via WhatsApp, which was immediately deleted. They asked for the remaining payment and said the letter would be needed during the joining process. The complainant was also made to sign some documents and was instructed over the phone to be ready to join. However, no job was provided. When the complainant demanded his money back, the accused kept delaying with false assurances. It is alleged that Gurushankar and Kapil cheated the complainant of H5 lakh under the pretense of securing a government job. Based on this complaint, Crime No. 1210/2024 was registered against Gurushankar Divya, Kapil Goswami, and others. The present applicant was arrested on 08.12.2024 in connection with the alleged offenses. 6. Learned counsel for the applicants submits that the applicant is innocent and has been falsely implicated in the case. Learned counsel for the applicant vehemently argued neither the applicant is named in the FIR nor in the statement recorded under Section 180 of BNSS of the victim/complainant and only on the basis of his memorandum statement, he has been made an accused . He further submits that the applicant has no previous criminal antecedents. The charge-sheet has been filed and in one case he is in jail since 08.12.2024 and other two cases he is in jail since 09.12.2024. Thus, looking to the above, it is prayed that the applicant may be enlarged on bail. 7. On the other hand, learned State counsel appearing for the non- applicant/State opposes the bail application and submits that the charge-sheet has been filed. 8. I have heard learned counsel appearing for the parties and perused the 5 document available on record. 9. Considering the facts and circumstances of the case, nature and gravity of the offence, allegations levelled against the applicant and the fact that neither the applicant is named in the FIR nor in the statement recorded under Section 180 of BNSS of the victim/complainant and only on the basis of his memorandum statement, he has been made an accused, further the applicant has no previous criminal antecedents, the charge-sheet has been filed and in one case he is in jail since 08.12.2024 and other two cases he is in jail since 09.12.2024, this Court is of the view that the applicant is entitled to be released on bail in this case. 10. Accordingly, the bail application is allowed. Let the Applicant - Rajendra Palange involved in Crime No. 1213/2024 (in MCRC No. 189/2025), Crime No. 1212/2024 (in MCRC No. 5864/2025) and Crime No. 1210/2024 (in MCRC No. 5962/2025) registered at Police Station – Civil Line, District – Bilaspur (C.G.) for the offence punishable under Sections 318(4), 336(3), 338, 340(2) and 61(1) of Bharatiya Nyaya Sanhita, 2023 (in MCRC No. 189/2025) and under Sections 318(4), 336(3), 338, 340(2) and 61(2) of Bharatiya Nyaya Sanhita, 2023 (in MCRC Nos. 5864/2025 and 5962/2025), 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. 6 (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. 11. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith.- Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti