1 2025:CGHC:43238 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6728 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 (Cause title is taken from Case Information System) For Applicant : Mr. Awadh Tripathi, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer 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.1211/2024 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, 111 of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that complainant has lodged a report that one Nitish Bhardwaj, a resident of the village, said that his jobs are being arranged by the accused Kapil Goswami of VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.28 18:37:54 +0530 2 Bilaspur, an acquaintance of Gurushankar Divya, because of his high connections. He further alleged that on 05.12.2024, he went to Bilaspur Eastpark Hotel with Nitish and there he met Gurushankar and Kapil Goswami. The accused Kapil Goswami told the complainant that he will get him a job in Janjgir Champa through sports quota in GD Constable by telling him about his ministerial level connections. The accused took the complainant’s 10th and 12th class photocopies on 08.12.2024 he has went with his brother Devanand Sadilya as called by the accused Kapil Goswami near the police office Bilaspur gate and was shown a job as GD Constable in sports quota in Janjgir Champa, and at around 1.30 pm, the accused Kapil Goswami came to the SP office gate and showed the joining letter to the complainant inside his car and took Rs.5 Lakh 50 thousand in the name for the getting him a job. That the complainant has found through news that the accused Kapil Goswami and Gurushankar Divya has taken money from many people in the name of getting the job and has defrauded them, and has later came to know that he has also been scammed by the said accused persons. On the basis of the said report, crime No.1211/2024 has been registered in the name of accused Gurushankar Divya, Kapil Goswami and other in the connection to the said offence the present applicant has been implicated in the case. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. It is further vehemently argued by the learned counsel for the applicant neither applicant has taken money from the complainant in the name of getting a job nor has given him a fake joining letter but only the role of the applicant was to give training to the new joinies to trained 3 them how to make or create the ayushman cards and only on the basis of his own memorandum statement, he has been made an accused. He further submitted that four cases were registered against the applicant bearing crime Nos. 1210/2024, 1212/2024 and 1213/2024, all has ben registered by the police Station – Civil Lines, Bilaspur under the same level of allegations. It is also submitted by the counsel for the applicant that co-accused Rajendra Palange has already been granted bail by this Court vide common order dated 08.08.2025 passed in MCRC No.189/2025. The charge sheet has already been filed and he 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, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel appearing for the parties and perused the 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 applicant has taken money from the complainant in the name of getting a job nor has given him a fake joining letter but only the role of the applicant was to give training to the new joinies to trained them how to make or create the ayushman cards and on the basis of his own memorandum statement, applicant has four criminal antecedents, wherein bail has already been granted to him. 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. 4 7. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Sanjay Das Manikpuri (Mahant), involved in Crime No.1211/2024 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, 111 of the Bhartiya Nyaya Sanhita, 2023, 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. (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 vaishali