1 2025:CGHC:43237 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6725 of 2025 Sanjay Das Manikpuri (Mahant) S/o Guhradas Manikpuri Aged About 30 Years R/o Itwapali, Thana- Masturi, District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through S.H.O. Police Station- Civil Lines, District- Bilaspur (C.G.) ... Respondent For Applicant : Mr. Awadh Tripathi, counsel along with Mr. Shikhar Agnihotri, Advocate. For Respondent/State : Shri Swajeet Singh Ubeja, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.08.2025 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.1213/2024 registered at Police Station Civil Lines, Bilaspur, District Bilaspur (C.G.) for the offence punishable under Sections 318(4), 338, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.28 18:08:10 +0530 2 336(3), 340(2), 61(2), 111 of BNS. 2. The prosecution story, in brief, is that he is a resident of village Borsi, Thana Pamgarh, District-Janjgir. And his wife works as an Anganwadi worker in Dhurwakari and for this reason he live with his wife in a rented house in Pachpedi. On 29.11.2024, Shailendra alias Nago resident of Dhurwakari met him on the road of Dhurwakari and told him that there is direct recruitment for the post of constable of jail guard. Then he took the complainant to Bilaspur Eastpark Hotel on 29.11.2024. He made the complainant meet Gurushankar Divya, then Gurushankar called Kapil Goswami. Kapil Goswami said that there will be direct recruitment for the post of constable of jail guard, as the Kapil have acquaintance with the minister level. For which the complainant need to spend 6 lakhs rupees. Then the accused took the complainant's original 5th, 8th, 10th, 12th mark-sheet, caste certificate, domicile certificate and 7 photos and photo copy of Aandhar card. On 30.11.2024, the accused Kapil again called the complainant to Bilaspur with money where the complainant came before Central Jail with his father and uncle where the complainant met Gurushankar Divya and Kapil Goswami and gave Rs. 3 lakh to Kapil Goswami. Then on dated 02.12.2024, the complainant came to Bilaspur Eastpark Hotel and gave the rest of Rs. 3 lakh to Kapil Goswami. And later the complainant was called near Central Jail, Kapil went inside and he brought a joining letter and called the complainant inside his Innova and made him read the joining letter on which the name of the complainant was written for the post of constable guard in Kabirdham jail. It was written that the complainant would be joining on 13.12.2024. Later on at the time of joining the complainant got to know that he has been cheated for the 3 amount of Rs. 6 lakhs in the name of getting job by the accused Kapil Goswami and Gurushankar Divya. On the basis of the said report, crime No. 1213/2024 has been registered in the name of accused Gurushankar Divya, Kapil Goswami and others in the connection to the said offence the present applicant has been implicated in the case and it has been alleged against the present applicant that he has been giving fake training to the persons told by the other accused for making ayushman card, and for the said alleged role in the case the present applicant has been arrested on 21.12.2024 for commission of the said offences. 3. It has been argued by learned counsel for the applicant that four cases were registered against the applicant for the offences in question. It is further argued that neither the applicant is named in the FIR nor in the statement recorded under Section 180 of BNSS of the victim/complainant and only on the basis of his memorandum statement, he has been made an accused. It is also submitted by the counsel for the applicant that co-accused Rajendra Palange has already been granted bail in all the four cases by this Court vide common order dated 08.08.2025 passed in MCRC No.189/2025 and other connected matters. He would submit that the charge sheet has already been filed and applicant is in jail since 21.12.2024, therefore, it is prayed that the applicant may be enlarged on bail. 4. On the other hand, learned State counsel appearing for the non- applicant/State opposes the bail application and submits that the charge-sheet has already been filed in the present case. 5. I have heard learned counsel appearing for the parties and perused the 4 case diary. 6. Considering the facts and circumstances of the case, nature and gravity of the offence, allegations levelled against the applicant and the fact that neither the applicant is named in the FIR nor in the statement recorded under Section 180 of BNSS of the victim/complainant and only on the basis of his memorandum statement, he has been made an accused, further the fact that co-accused Rajendra Palange has already been granted bail in all the four cases by this Court vide common order dated 08.08.2025 passed in MCRC No.189/2025 and other connected matters, charge-sheet has already been filed and he is in jail since 21.12.2024, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Sanjay Das Manikpuri (Mahant), involved in Crime No.1213/2024 registered at Police Station Civil Lines, Bilaspur, District Bilaspur (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2), 61(2), 111 of BNS, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 5 (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice gouri