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2025 DAILYLAW 16923 (CHH)

ANIL BHASKAR v. STATE OF CHHATTISGARH

MCRC/2840/2025 · 2025-04-11

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Judgment text

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1 2025:CGHC:16928 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2840 of 2025 Anil Bhaskar S/o Ram Bharosh Bhaskar Aged About 40 Years R/o Vill. - Domuhani, P.S. - Bilaigarh, Dist. Sarangarh-Bilaigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer (S.H.O.), P.S. - Civil Line. Dist. - Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : None. For Respondent(s) : Mr. Malay Jain, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. None appears nor is any representation made on behalf of the applicant to press this bail application when the case is called out. 3. It transpires from the record that the applicant is in jail since 19.10.2024. Hence, the Court proceeds to consider and hear the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 bail application of the applicant with the assistance of the State counsel. 4. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail, as he has been arrested in connection with Crime No.373/2024, registered at Police Station Torwa, Dist. - Bilaspur (C.G), for the offences punishable under Section 420 of the IPC. 5. The case of the prosecution, in brief, is that the applicant is alleged to have engaged in a criminal conspiracy to defraud the complainant, namely, Chandra Sahu by promising him employment and unlawfully obtained a sum of Rs.7,15,000/- on the pretext of providing job to complainant and his brother in Railway Department, thereafter aforesaid offence has been registered against the applicant, subsequently, he was arrested. Hence, the bail application. 6. Learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that applicant had taken Rs.7,15,000/- from the complainant on the pretext of providing him and his brother job in Railway Department, further applicant has one criminal antecedent as Case Crime No.279/2024 under Section 318(4), 338, 336, 340, 3(5) of BNS, therefore, he is not entitled for grant of bail. 3 7. I have perused the case diary. 8. From perusal of the record, it transpires that the applicant had taken Rs.7,15,000/- from the complainant on the pretext of providing him and his brother job in Railway Department, so far as criminal antecedent of the applicant is concerned, applicant has one criminal antecedent of the year 2024 of identical nature as Case Crime No.279/2024 under Section 318(4), 338, 336, 340, 3(5) of BNS, which shows that he is a habitual offender, looking to the facts and circumstances of the case, it does not seem appropriate to grant bail to the applicant. 9. Accordingly, the bail application of applicant-Anil Bhaskar, involved in Crime No.373/2024, registered at Police Station Torwa, Dist. - Bilaspur (C.G), for the offences punishable under Section 420 of the IPC, is rejected. 10. 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 give bribe for obtaining employment through illegal mode. 11. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 12. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. 4 13. After passing of the order Mr. Ashutosh Biswas, learned counsel for the applicant appeared and submits that his presence may be marked. Sd/- (Ramesh Sinha) Chief Justice Akhil