1 2025:CGHC:2802 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 75 of 2025 Devanand Giri S/o Shri Fulchand Giri Aged About 40 Years R/o Namanakala, Near Polytechnic College P.S. Gandhi Nagar, District Ambikapur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Bilaigarh, District Sarangarh-Bilaigarh (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Pragalbha Sharma, Advocate. For Non-Applicant(s) : Mr. U.K.S. Chandel, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.01.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.228/2024 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Bilaigarh, District Sarangarh-Bilaigarh (C.G.) for the offence punishable under Section 420/34 of the IPC. 2. Prosecution case in brief is that on 10.08.2024, a complaint was lodged by Rakesh Das Manikpuri, alleging that in February 2024, he came into contact with Umeshwar Das Manikpuri (co-accused). According to the allegations, the applicant informed Rakesh that he had a friend who was an officer in the Mantralaya, Raipur, and that this friend could arrange a job for him. It was later revealed to Rakesh that two posts for Data Entry Operators were vacant at the Registrar Office in Sakti, and the applicant and co-accused demanded Rs. 2,00,000/- each for the same. Rakesh agreed to pay the amount for himself and his sister-in-law, and on 26.02.2024, he gave Rs.2,00,000/- in cash to the co-accused. Additionally, on 13.03.2024, he transferred Rs.1,60,001/- to the applicant's PhonePe number. It is further alleged that the co- accused provided Rakesh with an appointment letter, which was later discovered to be forged, thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely been implicated in the present case. He further submits that the applicant was only monetary help provider of Umeshwar Das Manikpuri, who told the present applicant that he is sending money to him by Phoenpe, the applicant was not aware of the fact that co-accused Umeshwar 3 Das Manikpuri is playing fraud or cheating in the name of present applicant, so far as the appointment letter is concerned, the same was sent by co-accused Umeshwar Das Manikpuri to the complainant. He also submits that co-accused, namely, Umeshwar Das Manikpuri has already been granted regular bail by this Court vide order dated 20.11.2024 in MCRC No.6935 of 2024 and the case of present applicant is similar to that of the co- accused, hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicant alongwith other co-accused persons have fraudulently taken Rs.200,000/- from complainant and other persons in the name of providing job in Registrar Office, Sakti for the post of Data Entry Operators, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and material available in case diary, also considering the fact that the allegation against the applicant that he alongwith other co-accused persons have fraudulently taken Rs.200,000/- from complainant and other persons in the name of providing job in Registrar Office, Sakti for the post of Data Entry Operators, but the co-accused, namely, 4 Umeshwar Das Manikpuri has already been granted regular bail by this Court vide order dated 20.11.2024 in MCRC No.6935 of 2024 and the case of present applicant is similar to that of the co- accused, further the applicant has no criminal antecedent, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Devanand Giri, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil