1 2025:CGHC:13408 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2207 of 2025 Ramlakhan Kaiwartya S/o Shri Panchram Kaiwartya Aged About 51 Years R/o Village - Kot, P.S.- Gidhouri, Distt.- Balodabazar-Bhatapara (C.G.) Present R/o. LIG-853, Sector-5 Housing Board Colony Saddu, Thana- Vidhansabha, Distt.- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through, Station House OfÏcer, Police Station- Kasdol, District – Balodabazar-Bhatapara (C.G.) ... Non-applicant For Applicant : Mr. Sunil Sahu, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No. 415/2024, registered at Police Station Kasdol, District – Balodabazar-Bhatapara (C.G) for the offence punishable under Sections 420/34 of the Indian Penal Code (IPC). RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 2. According to the prosecution's case, the complainant Budhwaram Banjare lodged the report at Police Station Kasdol, Distt. Balodabazar Bhatapara against the applicant on 25.09.2024 with the averment that in the year 2018 he has given a sum of Rs. 4,00,000/- to the applicant and co-accused Ashwani Banjare for providing the Job to his son in the Post of Hostel Superintendent but no job was provided even the amount has not returned so applicant given the cheque of Rs. 3,70,000/- but the amount was not received than the report is made in which the offence as mentioned above is registered and applicant was arrested. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and he has been falsely implicated. It is submitted that the applicant himself an unemployed person and he did not have any authority to provide the job to nay of the person and the complainant very well know that no vacancy has been advertised in any post and no where he has fill up the application form than how the job can be provided because no appointment can be given without completing the appointment process as per the rules. He also submits that the applicant is in jail since 25.09.2024, conclusion of the trial is likely to 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 already been submitted before competent Court. He submits that the complainant Budhwaram Banjare lodged the report 3 at Police Station Kasdol, Distt. Balodabazar Bhatapara against the applicant on 25.09.2024 with the averment that in the year 2018 he has given a sum of Rs. 4,00,000/- to the applicant and co-accused Ashwani Banjare for providing the Job to his son in the Post of Hostel Superintendent but no job was provided even the amount has not returned so applicant given the cheque of Rs. 3,70,000/- but the amount was not received than the report is made in which the offence as mentioned above is registered and applicant was arrested, therefore, the present applicant is not entitled for grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Perusal of the case diary goes to show that the complainant Budhwaram Banjare lodged the report at Police Station Kasdol, Distt. Balodabazar Bhatapara against the applicant on 25.09.2024 with the averment that in the year 2018 he has given a sum of Rs. 4,00,000/- to the applicant and co-accused Ashwani Banjare for providing the Job to his son in the Post of Hostel Superintendent but no job was provided even the amount has not returned so applicant given the cheque of Rs. 3,70,000/- but the amount was not received than the report is made in which the offence as mentioned above is registered and applicant was arrested, looking to the facts and circumstances of the case, it does not seem appropriate to grant bail to the applicant. 7. Accordingly, the bail application of applicant – Ramlakhan 4 Kaiwartya, involved in Crime No. 415/2024, registered at Police Station Kasdol, District – Balodabazar-Bhatapara (C.G) for the offence punishable under Sections 420/34 of the IPC, is rejected. 8. However, it will be open for the prosecuting agency to initiate prosecution against the complainant of the present case also who claims to have been cheated by the applicant herein as the conduct of the complainant amounts to giving bribe for obtaining employment through illegal mode. 9. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously. 10. OfÏce 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 Rajshekhar