1 2025:CGHC:33472 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1042 of 2025 Rajat Kumar Gupta S/o Late Ganesh Prasad Gupta Aged About 33 Years R/o Ambikapur District Surguja Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Civil Lines, Bilaspur, District Bilaspur Chhattisgarh ... Non-applicant For Applicant : Mr. Shakti Raj Sinha, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.07.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 718/2025, registered at Police Station – Civil Lines, Bilaspur District Bilaspur (C.G.) for the offence punishable under Sections under Section 318(4), 338 & 3(5) of BNS 2023. 2. The prosecution case, in brief, is that the present applicant, in connivance with co-accused Priya Deshmukh, allegedly lured the complainant and several other individuals by falsely promising them VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.17 11:04:14 +0530 2 government employment. In furtherance of this inducement, the accused persons are stated to have collected a total sum of 250,00,000/- from the complainant and others. To reinforce the credibility of the claim and to gain the trust of the victims, co-accused Priya Deshmukh purportedly informed them that she had herself paid a sum of 20,00,000/- to the present applicant, as a result of which she ₹ secured a government job and is presently employed in the Health Department on a government post. When the promised government jobs were not provided, and the accused persons failed to return the money despite repeated demands, the complainant approached the police. Consequently, an FIR bearing Crime No. 718/2025 was lodged at Police Station Civil Lines, District Bilaspur (C.G.), giving rise to the present criminal proceedings. Hence this offence. 3. The applicant, a law-abiding citizen with no direct involvement in the alleged fraudulent activities, has been falsely implicated based on vague and generalized allegations without any direct evidence linking him to the receipt of money or issuance of fake documents. He has proactively reported the real culprits, namely Priya Deshmukh and Tribhuvan Sharma, to senior police officials, and even approached the Hon’ble High Court seeking lawful investigation. The transactions that passed through his bank account were done under instructions from the co-accused, and the entire case is document-based with no need for custodial interrogation. The applicant has not exercised any independent authority or control over funds, nor is there any credible evidence of his intent to defraud. Furthermore, the complainant herself has a history of criminal conduct, including FIRs and court orders against her for similar job scams, raising serious doubts about her 3 credibility and intentions. The applicant has cooperated with the investigation, poses no flight risk, and seeks protection under Article 21 of the Constitution from unjust arrest, which would cause irreparable harm to his dignity and reputation. He is ready to comply with all conditions imposed by this Hon’ble Court, and therefore, prays for the grant of anticipatory bail 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, it is observed that the complainant himself was involved in a criminal case for taking money from individuals under the pretext of providing them jobs. In this regard, Crime No. 428 of 2023 was registered at Police Station Bemetara, District Bemetara, for offences under Sections 420, 467, 468, 471, and 34 of the Indian Penal Code. The complainant was granted bail by this Hon’ble Court in MCRC No. 336 of 2024, dated 02.05.2024. Furthermore, a co-accused in the same case, Santosh Kumar Banjare, was also granted bail by this Court in MCRC No. 660 of 2024, dated 20.06.2024. It is alleged that the applicant’s bank account was used by Monisha Singh for receiving money in connection with the alleged job fraud. The applicant, however, is a taxi driver by profession, owns two vehicles (one of which is mortgaged), and has no criminal antecedents. In view of the foregoing, and without expressing any opinion on the 4 merits of the case, I am inclined to grant anticipatory bail to the present applicant 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Rajat Kumar Gupta, on executing a personal bond and 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 his adhaar card along with a coloured 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 Vaibhav