1 2025:CGHC:16694 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2814 of 2025 Shahil Jain S/o Shri Mahendra Jain Aged About 27 Years R/o 4/C, Awani Enclave, Khandelwal Colony, District - Durg Chhattisgarh At Present Anupam Nagar, Gali No 02, Infront Of Shivdham, Tahsil And District Rajnandgaon Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer P.S. Basantpur, District – Rajnandgaon, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Ashish Gangwani, Advocate. For Non-applicant/State : Mr. UKS Chandel, Dy. Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 18/2025, registered at Police Station – Basantpur, District – Rajnandgaon (C.G.) for the offence punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS). RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 3. The case of the prosecution, is that on 11.01.2025, the complainant Shakun Jain, submitted a written complaint to the Police Station concerned to the effect that she was posted as a staff nurse in the District Hospital Rajnandgaon from August 2019 to 25.09.2024, from May, 2024 to 25.09.2024, her duty was in the paying ward, during this period Shahil Jain was admitted to the ward about 3-4 times, due to which she got acquainted with him, while Shahil was admitted to the hospital for treatment, there was a discussion going on in the hospital about his transfer from Rajnandgaon to Jagdalpur, which Shahil Jain come to know about, when Shahil Jahin came to know about his, he told her that he can get her transferred to any place in Chhattisgarh, he can get the transfer order amended and took her mobile number, under Secretary, Chhattisgarh Government, through the order No. F-3/49/2023/55 Nava Raipur, Atal Nagar dated 11.09.2024, a total of 31 staffs, she was transferred to various medical colleges of Chhattisgarh, in which her name is mentioned in Serial No. 10, in which she has been transferred to Shahid Mahendra Karma Smriti Hospital Dimrapar Jagdalpur, when Sahil Jain came to know about her transfer order, he came to the District Hospital and met her and said that Didi, you have been transferred to Jagdalopur, you have an 8 year old son who is studying here, how will you got to Jagdalpur leaving him, and told her that he would get the transfer amended by using his high connections, then she fell for his sweet talk and on his request, to get the transfer amended, she paid Rs. 40,000/- on 14.09.2024 through Phone Pay from her husband’s mobile in the QR code sent by Shahil Rs. 40,000/-, after receiving it, applicant told her that if anyone else wants to get the transfer amended, she should inform him also, then believing the applicant’s words, she told this to her colleagues Swati Ramtake, Bhuneshwari Sahu, on which the applicant 3 told them also to get the transfer amended. By Saying this, on 20.09.2024, he took Rs. 60,000/- in cash from Swati Ramteke and Rs. 40,000/- in a cash from Bhuneshwari Sahu. On 25.09.2024, Shahil informed that the list of amendment orders is ready and the clerk of the ministry is asking for money and asked to send the money immediately. Then she gave Rs. 35,000/- from her husband’s Phone Pay, Rs. 60,000/- to Swati Ramteke and Rs. 40,000/- to Bhuneshwari Sahu through Phone Pay and Paytm in the scanner sent by Shahil, thereafter, on dated 14.11.2024, the applicant called and said that the order will be issued in two hours and asked to arrange Rs. 50,000/- in one hour. Then she mortgaged her jewelry and gave Rs. 50,000/- in cash to her friend sent by Shahil, who introduced himself as Rahul and Gautam, at her homefrom Swati Ramteke. In this way, even after taking a total of Rs. 3,25,000/- from those three, he could not get any amendment done in the transfer order. When asked for the refund of the money, he kept on making excuses by saying that he would return the money in a few days. Applicant fraudulently received money in the name of getting the transfer amended have committed cheat and fraud with the complainant. Hence, this application. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are 2 criminal antecedents registered against the present applicant, one is under Sections 294, 323, 427 and 34 of the IPC, and one is under Section 376 of the IPC, but there is no any criminal antecedent of the applicant of similar nature. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 12.01.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 5. On the other hand, the learned State counsel opposes the bail application and submits that there are 2 criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that applicant fraudulently received money in the name of getting the transfer amended have committed cheat and fraud with the complainant, therefore, he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there are 2 criminal antecedents registered against the present applicant, one is under Sections 294, 323, 427 and 34 of the IPC, and one is under Section 376 of the IPC, but there is no any criminal antecedent of the applicant of similar nature, charge-sheet has been filed against the applicant, the applicant is in jail since 12.01.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. Let applicant, Shahil Jain, involved in Crime No. 18/2025, registered at Police Station – Basantpur, District – Rajnandgaon (C.G.) for the offence punishable under Section 318(4) of the BNS, be released on bail on his furnishing a 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 5 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 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. 9. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of passing of this order, if there is no legal impediment. 10. 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 Rajshekhar