1 2025:CGHC:2680 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 432 of 2025 1 - Jujjawarapu Shrinivas @ Shrinivas Jujjawarapu S/o Narsimha Rao Jujjawarapu Aged About 62 Years R/o Snehapuri, Quarter No. 13-1-72/12 Motinahar, P.S. Sarthnagar, District Malkangiri Medchal Telangana ... Applicant Versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Janjgir, Distt. Janjgir-Champa (C.G.) ... Non-Applicant For Applicant : Mr. Nitansh Kumar Jaiswal, Advocate on behalf of Mr. Ishwar Jaiswal, Advocate For Non-Applicant : Ms. Mukta Tripathi, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 16/01/2025 1. This is the first bail application filed by the applicant 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. 96/2021 registered at Police Station – Janjgir, District – Janjgir-Champa, Chhattisgarh for the offences punishable under Sections 420, 34 of the Indian Penal Code, 1860. 2. Case of prosecution is that, the complainants Devnarayan Kashyap, Sushil Yadav, Awadesh Mishra and Dhruw Yadav were contacted by one Shiv Kumar Sahu stating that he is having contacts in the Secretariat and can make arrangement for government job for the post of Hostel SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 Superintendent which has been advertised and for which, the complainants are required to pay the amount. Thereafter, along with the co-accused persons complainants went to Raipur, they were introduced with one Shriniwas Rao and he stated that he can make arrangement for their government jobs, but they are required to deposit Rs. 2 lakhs each as advance upon which, the complainant and other persons have handed over Rs. 2 lakhs each to accused Shiv Sahu. Even after lapse of long time, they were not given the appointment order. The incident was of 02.09.2014, F.I.R. was registered on 15.02.2021 and the applicant was arrested on 29.09.2024. 3. Learned counsel for the applicant submits that applicant is innocent, he has been falsely implicated in the instant crime, he has not committed any offence as alleged. He submits that it is not the allegation against the applicant that he contacted the complainants and the victims and any of the complainant or victims has handed over the alleged amount of Rs. 2 lakhs to the applicant. The applicant has been made accused in the crime only on the basis of the memorandum statement of the co-accused person. He is in jail since 29.09.2024, charge-sheet has been filed. Applicant is aged about 62 years, offence is triable by Judicial Magistrate First Class and may take sometime, hence may be enlarged on bail. 4. On the other hand, learned State counsel vehemently opposes the submission made by learned counsel for the applicant and would submit that as per the material available in the case-diary, it is categorically mentioned by the complainant and other victims that the co-accused person has taken the complainant and victims to the applicant and it is the applicant who had assured for providing government job. However, she do not dispute the submission of the counsel for the applicant that the amount was handed over to Shiv Kumar Sahu. 5. I have heard learned counsel for the respective parties. 3 6. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties and further considering that the charge-sheet has been filed, offence is triable by Judicial Magistrate First Class, period of pre-trial detention, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 7. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that: (a) 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. (b) 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 sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the courton 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. (d) 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 sufficient 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. 4 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/-- (Parth Prateem Sahu) Judge Dey