1 2025:CGHC:5611 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 857 of 2025 Ashok Kumar Manikpuri S/o Late Ramjee Manikpuri Aged About 44 Years R/o Pachree Ghat, Juna Bilaspur, PS - City Kotwali, Bilaspur, District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through- SHO PS City Kotwali, Bilaspur, District - Bilaspur (C.G.) ---- Non-Applicant For Applicant : Mr. Vijay Shankar Mishra, Advocate. For Non-Applicant : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/01/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 538/2024 registered at Police Station City Kotwali, Bilaspur District- Bilaspur (C.G.) for the offence punishable under Section 420, 294, 34 of the IPC. 2. Case of the prosecution, in brief, is that on 08-11-2024, the complainant lodged a written complaint against the present KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 applicant & co-accused with allegation that the applicant & co- accused have cheated the complainant and taken Rs. 13,30,000/- on the pretext of providing employment and Atal awash to them, but they have not provided them the government employment. Now, present applicant & co-accused have not returned their amount. When they demanded their amount back the applicant & co- accused abused them and 3,00,000/-lakhs Rupees received from the present complainant. On the report of the complainant, the FIR has been lodged for offence under Section 420, 294 and read with Section 34 of the IPC agaisnt the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent persons and he has been falsely implicated in this case. He further submits that the actual facts of the case is that the complainant and her friend Maya Sharma are residing in the rental house at Bilaspur and being run the business of distribution of loan on interest, meanwhile due to their requirement, the applicant and co-accused have also taken loan from complainant on interest and interest part was continue paying by them but complainant pressurizing them to returned the entire amount then applicant failed to return the same then the complainant lodged false report against the applicant and co-accused to take advantage of her caste. He further submits that when complainant party pressurizing the applicant for recovering of extra money then wife of the present applicant, co-accused i.e. Manisha Manikpuri has made complaint on 19.06.2024 before the Police Station City Kotwali Bilaspur which is registered as non-cognizable offence under Section 155 of 3 Cr.P.C. in which directed to go before the competent court 4. Learned counsel for the applicant further submits that after lodging the complaint by the co-accused, i.e. Manisha Manikpuri, the complainant party have also lodged the complaint before City Kotwali Bilaspur same complaint which was registered by City Kotwali Bilaspur but police has not been registered the offence and given non-cognizable offence under section 155 of CrPC by which complainant party has lodged false complaint before the City Kotwali suppressing the fact that earlier they have made complaint before the city kotwali. As per complaint made by the complainant party for offence under Sections 420, 294, 34 of the IPC and not made out against the applicant because the applicant only borrow the money from the complainant party and failed to pay the rate of interest to the complainant then they lodged false complaint against the applicant and he is in jail since 23.11.2024 and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 5. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the applicant along with co-accused have cheated the complainants and taken Rs. 13,30,000/- on the pretext of providing employment and Atal Awas to them, but they have failed to do so. Now, present applicant and co-accused have not returned their amount. When they demanded their amount back the applicant and co-accused abused them and Rs. 3,00,000/- received from the present complainant. Accordingly, he is not entitled for grant of bail. 4 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, that the applicant & co-accused have cheated the complainants and taken Rs. 13,30,000/- on the pretext of providing employment and Atal Awas to them, but subsequently, they have failed to do so. Now, the present applicant and co-accused have not returned their amount. When the complainants demanded their amount back, the applicant & co-accused abused them and further Rs. 3,00,000/- was taken from the present complainant thus, this Court is of the view that it is not a fit case to release the present applicant on bail. 8. Accordingly, the bail application of the applicant namely-Ashok Kumar Manikpuri, involved in Crime No. 538/2024 registered at Police Station City Kotwali, Bilaspur District- Bilaspur (C.G.) for the offence punishable under Section 420, 294, 34 of the IPC, is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Kunal