Nafr High Court
Case Details
1 RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.05.28 16:25:12 +0530 2025:CGHC:22372 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3336 of 2025 1 - Bhushan Sharma @ Rajesh Sharma S/o Late Taturam Sharma Aged About 50 Years R/o Gram Kirna, P.S. Tilda Neora, Distt. Raipur, Chhattisgarh versus ... Applicant 1 - State Of Chhattisgarh Through Sho, P.S. Tilda Neora Distt. - Raipur, Chhattisgarh ... Non-applicant For Applicant For Non-applicant/State For Objector
Legal Reasoning
: Mr. Raj Kumar Gupta, Advocate. : Mr. Neeraj Sharma, Dy. Adv. General. : Mr. T. K. Jha, Advocate Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 27/05/2025 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. 105/2025 registered at Police Station : Tilda-Neora, District Raipur (C.G.) for the offence punishable under Sections 318(4) and 3 (5) of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's story, the complainant Yogeshwar 2 Tiwari has filed a written complaint at P.S. Khairagarh but the case was in the jurisdiction of P.S. Tilda Neora, Raipur, the compliant was referred for further action to the concerned police station. In the complaint it has been stated that Bhushan Lal Sharma @ Rajesh Sharma along with the other accused Savita Diwan have promised for providing employment to the complainant committed an offence of cheating against the complainant to the tune of Rs. 24,00,000/- and on 16.10.2021 went along with his family members to gram Kirna where Rajesh Sharma (Relative of complainant) called Dhananjay Diwan who came along with applicant and thereafter, Dhananjay Diwan stated that his wife is posted as Subedar in the Ministry and she gave an assurance that she can get him the job in Police Department in lieu of Rs.25,00,000/- and thereafter, complainant gave a cheque of Rs.8,00,000/- in the name of Dhananjay Diwan of the Bank of Maharashtra and thereafter, rest of amount was deposited in the account of Dhananjay Diwan and thereafter, Lal Krishna Tiwari sat in the examination based on the assurance and thereafter, he asked to Dhananjay Diwan and he stated that the matter is pending before the Court and after the decision of the Court he will be given appointment. In the meantime he come to know that Dhananjay Diwan has died and thereafter the complainant has called Rajesh Sharma, he stated that Savita Diwan is not receiving his phone and she is not doing his work and as such, cheated the complainant to the tune of Rs. 24,00,000/-. On the basis of the which, a crime was registered against the applicant under Sections 3 (5) and 318(4) of B.N.S. 2023. The matter is under investigation. The Challan has not been filed. 3. Learned counsel for the applicant submits that the applicant is 3 innocent and has been falsely implicated in the case. It is argued that on the apprehension of the applicant the complainant has given Rs.24,00,000/- to the co-accused Dhaneshwar Diwan who was died during pendency of the present case and the wife of the said co- accused Dhaneswar Diwan has been granted anticipatory bail by this Court. Further, the applicant hasn't received a single penny, directly or indirectly, from the complainant's account, and his arrest is based on virtually no evidence. He submits that as per allegation the applicant is only introduced the complainant and the main accused and the applicant has no criminal antecedents and he is in jail since 16.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel as well as learned counsel for the objector oppose the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. He submits that the applicant, along with other co-accused who has already been died during the pendency of this case, committed fraud on the pretext of providing job to the complainant, therefore, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature and gravity of the offence, and the allegation against the applicant is that he has 4 introduced the complainant to the main accused Dhananjay Diwan, who is reported to be died and the wife of the said co-accused Dhaneswar Diwan has been granted anticipatory bail by this Court, further, the applicant has no criminal antecedents and the charge- sheet has already been submitted in the present case before the competent Court, the present applicant has been in jail since 16.03.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Bhushan Sharma @ Rajesh Sharma, involved in Crime No. 105/2025 registered at Police Station : Tilda-Neora, District Raipur (C.G.) for the offence punishable under Sections 318(4) and 3 (5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two local sureties in the like amount 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 sufÏcient cause, the trial court may proceed against him under 5 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 sufÏcient 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. OfÏce 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 Ravi Mandavi