1 2025:CGHC:45984 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7169 of 2025 Gurushankar Divya S/o Manglu Ram Divya Aged About 35 Years R/o Jaijaipur, Ward No. 01, Police Station - Jaijaipur, District- Shakti (C.G.) ... Applicant versus State of Chhattisgarh Through - The Station House Officer, Police Station- Civil Line, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Vikrant Pillay, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.09.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 1210/2024 registered at Police Station Civil Line, District Bilaspur (C.G.), for the offences punishable under Sections 318(4), 338, 336(3), 340(2) and Section 61(2), 111 of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution’s case, in brief, is that the complainant, Govind Chandra, a resident of Village Bhatamahool, Police Station Hasaud, District Shakti, submitted a written complaint along with others. He stated that about five months ago, he met Gurushankar Divya (present ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.10 13:21:55 +0530 2 applicant), a resident of Jaijaipur, who informed him about a vacancy for the post of Clerk in the Public Works Department (PWD), Bilaspur. Gurushankar assured him that he could secure the job through Kapil Goswami alias Kapileshwar, for a sum of Rs. 5,00,000/-. Subsequently, Gurushankar and Kapil called him to Hotel East Park, Bilaspur, where the complainant went along with his acquaintances Rajendra Palange (co-accused) and Baijnath Navneet. At the hotel, Kapil claimed to have contacts at the ministerial level and reiterated that the job would cost Rs. 5,00,000/-. He demanded the complainant’s educational documents (Class 10th and 12th certificates), caste certificate, employment registration details, and Rs. 2,50,000/- by 22.08.2024. Later, Kapil, through Gurushankar, sent a photograph of a joining letter via WhatsApp, which was immediately deleted. They demanded the remaining payment and informed the complainant that the letter would be required during the joining process. The complainant was also made to sign certain documents and was instructed over the phone to be prepared for joining. However, no job was ever provided. When the complainant demanded a refund, the accused persons kept delaying by giving false assurances. It is alleged that Gurushankar and Kapil cheated the complainant of Rs. 5,00,000/- under the pretext of securing a government job. On the basis of the above facts and circumstances, Crime No. 1210/2024 has been registered against the accused persons, including the applicant, for offences punishable under Sections 318(4), 336(3), 338, 340(2), 61(2), and 111 of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. He further submits that there is no material evidence produced by the 3 prosecution to connect the applicant with the aforesaid crime and there is no admissible material/evidence against the applicant. He also submits that the applicant has not cheated the complainant, no case under Sections 318(4), 336(3), 338, 340(2), and 61(2) of the Bharatiya Nyaya Sanhita, 2023 is made out against the applicant. He further submits that the complainant himself has committed an offence by voluntarily giving money to the applicant for arranging employment. He submits that an amount of Rs. 17,20,000/- has already been returned to the complainants. It is respectfully submitted that an amount of Rs. 13,20,000/- has been returned to the complainants by supurdnama from the account of co-accused Kapileshwar Puri Goswami, pursuant to the order dated 30.07.2025 passed by the learned Xth Additional Sessions Judge in Criminal Revision No. 85/2025 and on 12.07.2025, an amount of Rs. 4,00,000/- was returned by the wives of all accused persons to the complainants before the Notary, Bilaspur (C.G.). He submits that the applicant has 03 criminal antecedents except the present case which are also listed today before this Court for hearing, the applicant has been languishing in jail since 09.12.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and further the fact that the present applicant has three criminal antecedents, apart from the present case, which are also listed today before this Court for hearing, it is stated that a total amount of Rs. 17,20,000/- has already been returned to the complainants. Out of 4 the said amount, Rs. 13,20,000/- was returned to the complainants by supurdnama from the account of co-accused Kapileshwar Puri Goswami, pursuant to the order dated 30.07.2025 passed by the trial Court in Criminal Revision No. 85/2025. Furthermore, on 12.07.2025, an amount of Rs. 4,00,000/- was returned by the wives of all accused persons to the complainants before the Notary, Bilaspur (C.G.). Also considering the fact that the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 09.12.2024, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Gurushankar Divya, involved in Crime No. 1210/2024 registered at Police Station Civil Line, District Bilaspur (C.G.), for the offences punishable under Sections 318(4), 338, 336(3), 340(2) and Section 61(2), 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against his under Section 269 5 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek