Bilaspur (C.G.) v. State Of Chhattisgarh Through S.H.O. Police Station
Case Details
1 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.28 18:09:59 +0530 2025:CGHC:43236 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6715 of 2025 Sanjay Das Manikpuri (Mahant) S/o Guhradas Manikpuri, Aged About 30 Years R/o Itwapali, Thana - Masturi, District - Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through S.H.O. Police Station - Civil Lines, District - Bilaspur (C.G.) ... Respondent For Applicant
Legal Reasoning
: Mr. Awadh Tripathi, counsel along with Mr. Shikhar Agnihotri, Advocate. For : Mr. Malay Jain, PL. Respondent/State Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.08.2025 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.1210/2024 registered at Police Station Civil Lines, Bilaspur, District Bilaspur (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2), 61(2), 111 of BNS. 2 2. The prosecution story, in brief, is that complainant Govind Chandra stated that he is a resident of village Bhatamahool police station Hasaud district Shakti. He is acquainted with Gurushankar resident Jaijaipur, and about five months ago when he met Gurushankar Divya, he said that the post of clerk is vacant in the Public Works Department PWD Bilaspur, in which he will get him a job through Kapil Goswami alias Kapileshwar, so it will cost five lakh rupees. After this Gurushankar and Kapil Goswami called him to Hotel East Park in Bilaspur, where he went with his acquaintances Rajendra Palange and Baijnath Navneet, there Kapil Goswami told him that he has connections up to the minister level, he will get him a job in the Public Works Department on the post of clerk, saying that it will cost five lakh rupees and also asked for his class 10th, 12th, caste and registration in the employment office and Rs 2.5 lakh to co-accused Kapil on 22-08- 24. Co-accused Gurushankar WhatsApped him the photo of the joining letter and then immediately deleted it and started demanding money and said that he will have to show it in the office at the time of joining. Co-accused Gurushankar and Kapil made him sign some documents and told him to come and join the job on phone. After that the co- accused did not get him the job, on asking for the money they kept making him run around saying 'today-tomorrow', thus the co-accused Gurushankar and Kapil cheated him of Rs 5 lakh in the name of getting him a government job. On the basis of the said report, crime No. 1210/2024 has been registered in the name of accused Gurushankar Divya, Kapil Goswami and others in the connection to the said offence the present applicant has been implicated in the case and it has been 3 alleged against the present applicant that he has been giving fake training to the persons told by the other accused for making ayushman card, and for the said alleged role in the case the present applicant has been arrested on 21.12.2024 for commission of the said offences. 3. It has been argued by learned counsel for the applicant that four cases were registered against the applicant for the offences in question. It is further argued 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. It is also submitted by the counsel for the applicant that co-accused Rajendra Palange has already been granted bail in all the four cases by this Court vide common order dated 08.08.2025 passed in MCRC No.189/2025 and other connected matters. He would submit that the charge sheet has already been filed and applicant is in jail since 21.12.2024, therefore, it is prayed that the applicant may be enlarged on bail. 4. On the other hand, learned State counsel appearing for the non- applicant/State opposes the bail application and submits that the charge-sheet has already been filed in the present case. 5. 6. I have heard learned counsel appearing for the parties and perused the case diary. 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 4 accused, further the fact that co-accused Rajendra Palange has already been granted bail in all the four cases by this Court vide common order dated 08.08.2025 passed in MCRC No.189/2025 and other connected matters, charge-sheet has already been filed and he is in jail since 21.12.2024, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Sanjay Das Manikpuri (Mahant), involved in Crime No.1210/2024 registered at Police Station Civil Lines, Bilaspur, District Bilaspur (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2), 61(2), 111 of the BNS, be released on bail on furnishing 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail 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 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice gouri