1 2025:CGHC:3121 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 93 of 2025 Rishi Nayak Shri Narottam Nayak Aged About 31 Years R/o Village Manikchauri, Police Station And Tahsil Masturi, District Bilaspur Chhattisgarh --- Applicant versus State Of Chhattisgarh Through- Police Station Civil Line, District - Bilaspur Chhattisgarh --- Non-Applicant MCRCA No. 95 of 2025 Rishi Nayak S/o Shri Narottam Nayak Aged About 31 Years R/o Village Manikchauri, Police Station And Tahsil Masturi, District Bilaspur Chhattisgarh. ---Applicant Versus State Of Chhattisgarh Through Police Station Civil Line, District Bilaspur Chhattisgarh. --- Non-Applicant For Applicants : Mr. Kaushal Yadav, Advocate. For Non-Applicant/State : Mr. S.S. Baghel, Deputy G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/01/2025 1. Since the above-mentioned two anticipatory bail applications arise out of same incident and registered at same police station, they are clubbed and heard together and are being disposed of by this common order. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.20 11:06:28 +0530 2 2. These are the first bail applications filed under Section 482 of Bharatiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrested in connection with Crime No. 1211/2024 in MCRCA No.93/2025 and 1210/2024 in MCRCA No.95/2025 registered at Police Station- Civil Line, District Bilaspur (C.G.), for the offence punishable under Sections 318(4), 336(3), 338, 340(2), 61(2) and 111 of the Bharatiya Nyaya Sanhita, 2023, (for short ‘BNS’). 3. Case of the prosecution, in brief, is that the complainant, namely, Govind Chandra and NandKumar Sandilya filed written complaint against main accused Guru Shankar Divya and Kapil Goshwami alleging therein that the applicant alongwith other co-accused persons have fraudulently taken money from complainants for provide Government Job. On the basis of said complaint, Police lodged the above-mentioned offence against the present applicant. During the investigation the name of present applicant came in light from the memorandum statement of main accused, thereafter, the offence has been registered against the applicant. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the main accused in the present case is Guru Shankar Divya, who was involved in a property cum real estate related business and he has having OfÏce at Abhishek Vihar Mangla Bilaspur (C.G.) where applicant was working as OfÏce boy and he was getting Rs. 8000/- monthly salary from main accused. Applicant left his job 7-8 months earlier and his salary of that period was due on main accused. When the applicant was asking Guru Shankar Divya to release his due salary of 07-08 months, he denied the same and threatened him to falsely implicate in a crime. There is no any complaint lodged by the complainant against present applicant in any 3 police station related to false promise to provide government job and obtaining money from them. Therefore, he prays for grant of bail to the applicant. 5. On the other hand, learned State counsel opposes the application for grant of anticipatory bail and submits that the applicant alongwith other co-accused persons have fraudulently taken money from complainants in the name of providing government job, further the applicant has four criminal antecedent against him, therefore, the applicant is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the nature of allegation made against the present applicant that he alongwith other co-accused persons have fraudulently taken money from complainants in the name of providing government job, also considering the fact that the applicant has four criminal antecedents against him, as such, he is a habitual offender. Accordingly, the anticipatory bail application of the applicant - Rishi Nayak Shri, involved in Crime No. 1211/2024 in MCRCA No.93/2025 and 1210/2024 in MCRCA No.95/2025 registered at Police Station- Civil Line, District Bilaspur (C.G.), for the offence punishable under Sections 318(4), 336(3), 338, 340(2), 61(2) and 111 of BNS, is rejected. - Sd/- (Ramesh Sinha) Chief Justice Preeti