Nafr High Court
Case Details
1 2025:CGHC:45984 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7179 of 2025 Gurushankar Divya S/o Manglu Ram Divya Aged About 32 Years R/o Jaijaipur, Ward No. 01, Police Station Jaijaipur, District - Shakti (C.G.) versus ... Applicant State of Chhattisgarh Through The Station House OfÏcer, Police Station Civil Line, District - Bilaspur (C.G.) ... Non-applicant For Applicant
Legal Reasoning
: Mr. Vikrant Pillay, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.09.2025 1. This is the first bail application filed under Section 483 of the Bhartiya ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.10 13:21:54 +0530 Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 1213/2024 registered at Police Station Civil Line, District Bilaspur (C.G.), for the offences punishable under Sections 318(4), 338, 336(3), 340(2) and Section 61(2), 111 of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution’s case, in brief, is that the complainant, Sanjit Tandon, submitted a written complaint stating that one Shailendra @ Nago introduced him to Gurushankar Divya (present applicant) and Kapil Goswami at Hotel East Park, Bilaspur. Kapil Goswami promised to 2 secure him a job as a Police Constable through direct recruitment under a Minister’s quota, in exchange for Rs. 6,00,000/-. Kapil Goswami also collected the complainant’s academic certificates (Class 5th, 8th, 10th, and 12th), caste and residence certificates, seven passport-size photographs, registration certificate, and Aadhaar card. On 30.11.2024, the complainant and his father, along with his uncle, handed over Rs. 3,00,000/- to co-accused Kapil Goswami. Thereafter, on 02.12.2024, the complainant handed over another Rs. 3,00,000/- to co-accused Kapil Goswami at Hotel East Park. On 13.12.2024, Kapil showed the complainant a joining letter for the post of Constable in Kabirdham and instructed him to prepare for joining, but thereafter took the letter back. Later, when the complainant inquired about the job, he realized that Kapil Goswami and Gurushankar Divya (present applicant) had cheated him. On the basis of the above facts and circumstances, Crime No. 1213/2024 has been registered against the accused persons, including the applicant, for offences punishable under Sections 318(4), 336(3), 338, 340(2), 61(2), and 111 of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. He further submits that there is no material evidence produced by the prosecution to connect the applicant with the aforesaid crime and there is no admissible material/evidence against the applicant. He also submits that the applicant has not cheated the complainant, no case under Sections 318(4), 336(3), 338, 340(2), and 61(2) of the Bharatiya Nyaya Sanhita, 2023 is made out against the applicant. He further submits that the complainant himself has committed an offence by voluntarily giving money to the applicant for arranging employment. He submits that an amount of Rs. 17,20,000/- has already been returned to the 3 complainants. It is respectfully submitted that an amount of Rs. 13,20,000/- has been returned to the complainants by supurdnama from the account of co-accused Kapileshwar Puri Goswami, pursuant to the order dated 30.07.2025 passed by the learned Xth Additional Sessions Judge in Criminal Revision No. 85/2025 and on 12.07.2025, an amount of Rs. 4,00,000/- was returned by the wives of all accused persons to the complainants before the Notary, Bilaspur (C.G.). He submits that the applicant has 03 criminal antecedents except the present case which are also listed today before this Court for hearing, the applicant has been languishing in jail since 09.12.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. 6. I have heard learned counsel for the parties and perused the case diary. Considering the facts and circumstances of the case, the nature and gravity of the offence, and further the fact that the present applicant has three criminal antecedents, apart from the present case, which are also listed today before this Court for hearing, it is stated that a total amount of Rs. 17,20,000/- has already been returned to the complainants. Out of the said amount, Rs. 13,20,000/- was returned to the complainants by supurdnama from the account of co-accused Kapileshwar Puri Goswami, pursuant to the order dated 30.07.2025 passed by the trial Court in Criminal Revision No. 85/2025. Furthermore, on 12.07.2025, an amount of Rs. 4,00,000/- was returned by the wives of all accused persons to the complainants before the Notary, Bilaspur (C.G.). Also considering the fact that the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in 4 jail since 09.12.2024, 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 the Applicant – Gurushankar Divya, involved in Crime No. 1213/2024 registered at Police Station Civil Line, District Bilaspur (C.G.), for the offences punishable under Sections 318(4), 338, 336(3), 340(2) and Section 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 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 his 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. 5 (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. - Abhishek Sd/- (Ramesh Sinha) Chief Justice