Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:18363
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3092 of 2025 Harish Patel S/o Gajanand Patel Aged About 22 Years R/o Village Kharwani Chhote P.S. Sarangarh District - Sarangarh - Bilaigarh (C.G.)
... Applicant versus State of Chhattisgarh Through Station House OfÏcer Police Station Pandri District - Raipur (C.G.)
... Non-applicant For Applicant : Mr. Ashutosh Verma, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 23.04.2025 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.361/2024, registered at Police Station – Pandri District - Raipur (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 34 of Indian Penal Code. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.04.24 18:24:46 +0530
2 3 The case of the prosecution, in brief, is that the complainant Monika Mirdha lodged a complaint against the main accused Kusum Yadav and the present applicant alleging that Kusum Yadav with a dishonest intension deceived the complainant to get a government job in the post of Nurse for her and demanded rupees 1,25,000/- from her which was given by the complainant in the account of Harish Patel. It has been further alleged that the main accused also prepared forged order of appointment. That thereafter police lodged First Information Report and investigation was initiated and charge sheet was filed against the co-accused and applicant under Sections 420, 467, 468,471, 34 of Indian Penal Code, 1860 Hence this Bail 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. He further submitted that the applicant himself is a victim in the case and his account has been fraudulently used by the main accused Kusum Yadav. He further submits that the main accused Kusum Yadav is friend of the sister of the applicant and she requested the applicant to give his account number for investing in share market. He also submits that there is no evidence to show that the present applicant was involved in the present case.
Further, the charge-sheet has been filed in this case and the applicant is in jail since 19.12.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 5 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed. He further submits the applicant along with the other co-accused allegedly collected a total of Rs. 1,25,000/- from the complainant Padman Kashyap, by promising them employment and further also provided fake appointment order to the complainant. She also submits that the bail
3 application of the main accused, namely, Kusum Yadav was rejected by this Court vide order dated 19.03.2025 passed in MCRC No. 2171/2025. Therefore, the applicant is not entitled to be released on bail. 6 I have heard learned counsel for the parties and perused 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 from the perusal of the case diary, it appears the applicant along with other co-accused allegedly took total of Rs. 1,25,000/- from from the complainant Monika Mirdha, by promising her employment and further also provided fake appointment order to the complainant as such, keeping in view the increasing trend in society in the crime of cheating people by taking lakhs of rupees from them in the name of providing jobs, also considering the fact the bail application of the main accused, namely, Kusum Yadav was rejected by this Court vide order dated 19.03.2025 passed in MCRC No. 2171/2025, I am not inclined to allow this application. 8 Accordingly, the bail application of the applicant - Harish Patel involved in Crime No.361/2024, registered at Police Station – Pandri District - Raipur (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 34 of Indian Penal Code, is rejected at this stage.
9 Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 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 Preeti