1 2025:CGHC:37324 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4934 of 2025 Vijay Kumar Yadav Urf Vinay Yadav S/o Premlal Yadav Aged About 28 Years R/o Gram, Khirki Ahiran Para, District Korea (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Of Police Station Civil Lines District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Aakash Aahuja, Advocate For Non-Applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.07.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 155/2025 registered at Police Station – Civil Lines, District – Raipur (C.G.), for the offence punishable under Sections 318(4), 336(3), 340(1) & 340(2) of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution in brief is that the case arises from a complaint filed by Hiralal Rajwada on 12th April 2025, alleging a VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.31 18:40:37 +0530 2 serious incident of fraud and impersonation. The primary accused, Vivek Kumar Yadav, deliberately misrepresented himself as a government officer specifically as a Deputy Engineer posted at the NH 20 Office, Kondagaon. To support his false identity. the accused used forged official documents, including a fake identity card and a vehicle (bearing registration number CG 13X 6840) on which the words "PWD Chhattisgarh Government" were the falsely inscribed, thereby giving appearance of a legitimate government official on duty. Under this guise, Vivek Kumar Yadav visited a government school in Block Podi Uparda, where he carried out a fabricated inspection, aiming to win the trust of local residents and school authorities. He then approached the complainant, Hiralal Rajwada, and another individual, Jaipal Das Diwan, with false claims that there were vacant posts available in the Public Works Department (PWD) under the Tribal and Backward Classes quota, specifically for Sub Engineer Class-1 and Class-2 positions. He assured them that he had high-level contacts within the department and could secure these government jobs for them in exchange for payment. Believing the accused's. claims they paid various amounts to the accused in different instalments: an initial payment of 50,000 at Ghadi Chowk, Raipur; 1,50,000 packed in an ₹ ₹ envelope and handed over near Das Photocopy Centre, also at Ghadi Chowk; 1,00,000 paid near the Ghadi Chowk Petrol Pump on ₹ 07.03.2025; and a final installment of 40,000 in cash and 60,000 ₹ ₹ through the digital payment platform PhonePe on 07.04.2025. These transactions together amounted to a total of 4,00,000. To further ₹ reinforce the illusion, the accused issued forged appointment letters. During the investigation, the accused was to interrogated, and he 3 confessed having impersonated a government officer and admitted to taking money from the complainants under false pretenses. Furthermore, a co-accused named Enos was also identified and questioned. 3. The applicant is innocent and has been falsely implicated due to misunderstanding or personal rivalry, with no direct or credible evidence linking him to the alleged offence. The prosecution has neither recovered any portion of the alleged 4,00,000 from the applicant nor found any forged ₹ appointment letters, fake ID cards, or incriminating material in his possession. The case rests solely on oral allegations and memorandum statements without any independent or corroborative evidence. Even assuming the allegations to be true, the matter pertains to a financial transaction involving a job promise, which, at best, may constitute a civil dispute or breach of trust, and has been given a criminal colour without due justification. The applicant, a first-time offender with no prior criminal record under the Bhartiya Nyay Sanhita or any other law, has been in custody since 22.04.2025. There is also an unexplained delay in lodging the FIR, which undermines the credibility of the prosecution's case. The offence alleged is non-violent in nature, with no allegations of physical harm, and does not warrant continued detention. The applicant is a permanent resident, has strong family and community ties, and poses no flight risk or threat of tampering with prosecution witnesses. He is willing to furnish adequate surety and undertake to comply with all directions of this Hon’ble Court. Any other grounds, if necessary, shall be raised at the time of hearing with the leave of the Court, therefore, he prays for grant of regular bail to the present applicant. 4. The learned counsel for the State/non-applicant opposes the bail application. 4 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and the material available in the case diary and allegation against the applicant that he impersonated himself as a Deputy Engineer posted at the NH-20 Office, Kondagaon and by deliberately misrepresenting his identity and position, he induced the complainant and other persons to believe that he could facilitate their employment, relying on this false representation, the accused fraudulently prepared forged documents and deceitfully obtained a sum of Rs.30,00,000/- from the complainant and others person, therefore, I am not inclined to grant regular bail to the present applicant. 7. Accordingly, the bail application of the applicant - Vijay Kumar Yadav Urf Vinay Yadav, involved in Crime No. 155/2025 registered at Police Station – Civil Lines, District – Raipur (C.G.), for the offence punishable under Sections 318(4), 336(3), 340(1) & 340(2) of the Bhartiya Nyaya Sanhita, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav