Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:6751
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8099 of 2024 Girish Kumar Yadav, S/o Late Pyarelal Yadav, Aged About 41 Years R/o Village Balsi, Police Station Saraipaali, District Mahasamund, Chhattisgarh. Presently R/o Awanti Vihar, Vijay Nagar, Lane No. 3, Raipur, Police Station Khamardih, Shankar Nagar, District Raipur, Chhattisgarh.
... Petitioner(s) versus State of Chhattisgarh Through Police Station Newai, District Durg, Chhattisgarh.
... Respondent For Applicant : Mr. Aditya Pandey, Advocate. For State : Mr. Sanjeev Kumar Pandey, Dy. A.G. For Objector : Mr. Gyan Prakash Shukla, Advocate. Hon'ble Shri Justice
Narendra Kumar Vyas
Order on Board 06/02
/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 on 16.07.2024 in connection with Crime No. 138/2023, registered at Police Station- Newai, District- Durg (C.G.) for the offence punishable under Sections 420 & 34 of I.P.C.
2. Case of the prosecution, in brief, is that the complainant/Prahlad Singh Sikarwar made complaint before Police Station Newai against Narendra Singh, his wife Anita Singh, Bhupesh Kumar Sonwani and other co-accused persons including present applicant alleging that they have taken Rs.4,25,000/- from him for providing Government job to his son on the post of Computer Operator in Mantralaya, Raipur and also ARUN KUMAR DEWANGAN Digitally signed by ARUN KUMAR DEWANGAN Date: 2025.02.06 16:42:23 +0530
2 have taken Rs.1,70,000/- from him for providing job to one of his relative's son in Mantralaya, Raipur on the post of Peon. It is also case of the prosecution that Anita Singh represented the present applicant as Senior Officer of Public Works Department and Bhupesh Kumar Sonwani as Personal Assistant to one Minister in Mantralaya, Raipur. The accused persons assured the complainant that they will provide employment and they have taken advance of Rs.50,000/- (Rs.25,000/- and Rs.25,000/-) through mobile phone. When the complainant contacted Anita Singh then she told him that immediately money be transferred to account of her son namely Kunal accordingly Rs.75,000/- was transferred to Kunal Singh and Rs.3,00,000/- cash was given to Anita Singh and Narendra Singh. It is also case of the prosecution that when job was not provided, the applicant asked for returning the amount then Anita Singh and Bhupesh Kumar Sonwani had given a cheque of Union Bank of India amounting to Rs.4,25,000/- to him and another cheque of Rs.1,50,000/- to Buddheshwar which was bounced on account of insufficient fund, thus, the aforesaid offence has been committed by the applicant and other co-accused persons.
3.
Learned counsel for the applicant would submit that the applicant has been falsely implicated in the crime in question. He would further submit that the other co-accused persons have been arrested by the prosecution on 04.02.2025. He would further submit that the applicant is in jail since 16.07.2024, charge-sheet has been filed, the trial is likely to take sometime for its final disposal, therefore, the applicant may be enlarged on bail.
4. On the other hand, learned counsel for the State opposes the bail
3 application and would submit that there is sufficient material available in the case diary against the applicant regarding commission of offence, hence, the application for grant of bail may be rejected.
5.
Learned counsel for the objector would submit that the applicant is involved in commission of the offence along with other co-accused persons and looking to the gravity of offence, he cannot be released on bail and would pray for rejection of the bail application.
6. I have heard learned counsel for the parties and perused the case diary with utmost satisfaction.
7. Considering the fact that the other co-accused persons have been arrested, applicant is in jail since 16.07.2024, charge-sheet has already been filed and also considering the fact that conclusion of the trial may take some time, therefore, no fruitful purpose would be served in continue detention of the applicant, as such, without further commenting anything on merits of the case, I am of the view that it is a fit case to grant bail to the applicant.
8. Accordingly, the bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 is allowed. It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the concerned trial court. He shall appear before the trial court on each and every date given by the said trial court, till disposal of the trial. Certified copy as per rules. Sd/- (Narendra Kumar Vyas) Judge
Arun