1 2025:CGHC:33049 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5518 of 2025 Shyam Sundar Rao S/o Kamleshwar Rao Aged About 50 Years R/o Sanyasi Para, Near, Solapuri Mata Mandir, Khamtarai, District Raipur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer (SHO), Police Station New Rajendra Nagar, District – Raipur, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Priyank Rathi, Advocate, as well as Mr. Rajat Agrawal, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.07 .202 5 1. This is the Second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 352/2024 registered at Police Station – New Rajendra Nagar, District – Raipur (C.G.) for the offence punishable under Section 420 and 34 of the Indian Penal Code (IPC). 2. Earlier the first bail application of the applicant was rejected by this Court vide order dated 17.12.2024 passed in MCRC No. 8826/2024, on the ground that the applicant has committed the crime of taking for PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.18 20:16:31 +0530 2 providing job to the complainant. 3. Case of the prosecution, in brief, is that a written complaint was submitted by one Devki Dhruw, alleging that co-accused Swayam Sharma, falsely representing himself as an INTUC worker, assured her of securing a government job in the Railway Department. Acting in furtherance of this representation, he, along with his wife Dhaneshwari Verma @ Preeti Sharma, operated through their placement agency named Sai Business Consultancy, Job Placement, located at Progressive Point, Lalpur, Raipur (C.G.). Pursuant to this inducement, the complainant, along with several other individuals, allegedly paid various amounts to the accused parties. The complainant Devki Dhruw, specifically stated that she had paid a sum of Rs. 90,000/- to Swayam Sharma. During the course of investigation, it was revealed that a total sum of Rs. 29,50,000/- was transferred by various victims into the bank accounts of co-accused Swayam Sharma and Dhaneshwari Verma @ Preeti Sharma. As regards the present applicant, only one victim, namely Kewal Narayan Sahu, has made an allegation of having paid Rs. 85,000/- under similar pretenses. Accordingly, the Police registered the case. Hence, this application. 4. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the charge-sheet has been submitted in this case. The applicant is in jail since 02.09.2024, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 5. On the other hand, learned State counsel opposes the bail application and submits that the first bail application of applicant is already 3 rejected by this Court vide order dated 17.12.2024 passed in MCRC No. 8826/2024, and further the applicant along with the co-accused persons, have committed fraud by taking money from the complainant on the pretext of providing job as a Supervisor in the Railways, and they failed to provide the said job and did not return the money to them. As such, the bail application deserves to be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, the charge-sheet has been filed in the present case, the first bail application of applicant is already rejected by this Court vide order dated 17.12.2024 passed in MCRC No. 8826/2024, and further the applicant along with the co-accused persons, have committed fraud by taking money from the complainant on the pretext of providing job as a Supervisor in the Railways, and they failed to provide the said job and did not return the money to them. Thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, this second bail application of applicant – Shyam Sundar Rao involved in Crime No. 352/2024 registered at Police Station – New Rajendra Nagar, District – Raipur (C.G.) for the offence punishable under Section 420 and 34 of the IPC, is rejected at this stage. 9. 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 giving bribe for obtaining 4 employment through illegal mode. 10. Needless to say that the concerned trial Court is at liberty to proceed with the trial and conclude the same, expeditiously. 11. Office 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