Nafr High Court · 2024
Case Details
1 2025:CGHC:43235 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6706 of 2025 • Sanjay Das Manikpuri (Mahant), S/o Guhradas Manikpuri, Aged About 30 Years, R/o Itwapali, Thana Masturi, District Bilaspur (C.G.). versus ... Applicant • State Of Chhattisgarh, Through S.H.O. Police Station Civil Lines, District Bilaspur (C.G.). ... Respondent (Cause title taken from Case Information System) For Applicant
Legal Reasoning
: Mr. Awadh Tripathi, counsel along with Mr. Shikhar Agnihotri, Advocate. For State/Non-applicant : Mr. Atanu Ghosh, Deputy G.A. 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.1212/2024 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 Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that complainant complainant, Nitish Bhardwaj, submitted a written complaint stating that one Rinki and DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA 2 Sanjit Tandon introduced him to Gurushankar Divya and Kapil Goswami at Hotel East Park, Bilaspur. Kapil Goswami promised to secure him a job as a police constable through sports quota under a minister quota, in exchange for 6 lakh. He also collected the ₹ complainant’s academic certificates (10th, 12th, college, PGDCA), caste and residence certificates, 7 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 6 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 21.12.2024 in connection with the alleged offences. 3. Learned counsel for the applicants submits that the applicant is innocent and has been falsely implicated in the case. It is further 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 submitted that four cases were registered against the applicant, which has already been allowed by the trial Court. It is also submitted by the counsel for the applicant that co-accused Rajendra Palange has already been 3 granted bail by this Court vide common order dated 08.08.2025 passed in MCRC No.189/20285. The charge sheet has already been filed and he 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, therefore, this bail application is liable to be rejected. 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 accused, further the applicant has four criminal antecedents, wherein bail has already been granted to him. 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.1212/2024 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 Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with 4 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 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