1 2025:CGHC:471 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8577 of 2024 Manoj Kumar Tamrakar S/o Late Shri Awadh Bihari Aged About 58 Years (Wrongly Mentioned As 98 Years), R/o Tapkara, P.S. Tapkara, District Jashpur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, P.S. Tapkara, District Jashpur, Chhattisgrh. ... Non-Applicant(s) For Applicant(s) : Mr. Tarendra Kumar Jha, Advocate. For Non-Applicant(s) : Mr. S.S. Baghel, Deputy G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/01/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 83/2024 registered at Police Station Tapkara, District Jashpur (C.G.) for the offence punishable under Section 420, 34 of the Indian Penal Code (for short ‘IPC’). 2 2. Case of the prosecution, in brief, is that the complainant Vikas Lakda lodged a written report before the Station House OfÏcer, Police Station Tapkara, District Jashpur (C.G.) against Manoj Tamrakar, Sukesh Tamrakar, Chandrasen Tamrakar and other their companion alleging inter-alia that in the month of November- 2023, one Manoj Tamrakar resident of Village Tapkara along with his sons Sukesh Tamrakar and Chandrasen Tamrakar @ Somu came to his house and asked for getting him employed after conducting some formalities, but for that he must have to follow their conditions and also to give cash amounting to Rs. 5000/- and to give his Aadhar card and PAN card for opening account and to purchase SIM card in his name. The complainant gave cash amounting to Rs. 5000/- for opening an account and to purchase a SIM and the documents demanded by them were also given to the accused persons. It is further alleged that in the month of February- 2024, the applicant met with one Sukesh at Tapkara bus stand then he was promised to get government job and also instructed to arranged a sum of Rs.3,00,000/- and when he asked for his account and SIM card, he was avoiding and ignoring the topic. It is further alleged that Manoj Tamrakar, Sukesh Tamrakar and Chandrasen and his friend opened an account in Canara Bank and Essaf Bank in the name of Lakda Poultry Farm and those passbook, cheque, SIM and ATM were being misused by the accused persons. It is prayed by the complainant before the Station House OfÏcer to lodge first information report against the aforesaid accused persons and on the basis of written report, the first 3 information report was registered. During course of investigation, the present applicant was taken into custody on 24.07.2024 and filed the charge-sheet. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that only Rs.30,000/- has been seized from the present applicant, the applicant is ready to abide all the conditions which may imposed upon him. He also submits that the applicant is permanent resident of District – Jashpur, and there is no chance of the absconding or tempering with the witnesses. The applicant is in jail since 24.07.2024, the applicant has two criminal antecedents, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant alongwith other co-accused persons have fraudulently taken Bank Account, Cheque Book and ATM card in the name of providing employment and it was found that by misusing the same, they have manipulated about Rs.26 crore in connection with the transaction from the account, 76 lakhs, Rs.77 lakhs 60 thousand was manipulated from bank account opened at Canara Bank and Rs.21 lakhs 27 thousand was manipulated from bank account opened at different banks or through UPI, further there is recovery of 24 pass books, 113 cheque books, 123 ATM 4 cards, Rs. 2 lakhs 30 thousand cash, mobile phones etc. from accused as per the memorandum and seizure sheet, further the applicant is having two criminal antecedent against him and bail application of the co-accused, namely, Yogesh Sahu has already been rejected by this Court vide order dated 01.10.2024 in MCRC No. 6804 of 2024, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the applicant alongwith other co-accused persons have committed fraud of about Rs. 26 crores by alluring the complainant and many other persons in the name of providing employment, also considering the seizure made from the present applicant i.e. 24 pass books, 113 cheque books, 123 ATM cards, Rs. 2 lakhs 30 thousand cash, mobile phones etc., to which, no explanation has been offered, further the applicant is having two criminal antecedents against him and bail application of one of the co-accused persons, namely, Yogesh Sahu has already been rejected by this Court vide order dated 01.10.2024 in MCRC No. 6804 of 2024 and the case of the present applicant is similar to that of the co-accused person, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the 5 bail application of applicant-Manoj Kumar Tamrakar, involved in Crime No. 83/2024 registered at Police Station Tapkara, District Jashpur (C.G.) for the offence punishable under Section 420, 34 of IPC, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Kunal