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2025 DAILYLAW 4878 (CHH)

PURUSHOTTAM TIWARI v. STATE OF CHHATTISGARH

MCRC/600/2025 · 2025-03-11

Public Interest Litigationbody2025

Judgment text

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1 2025:CGHC:12081 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 600 of 2025 Purushottam Tiwari S/o Shri Devi Prasad Tiwari Aged About 39 Years R/o Gokuldham, Uslapur, P.S. Sakri, Bilaspur, District : Bilaspur, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Of Police Station Civil Line, District : Bilaspur, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Syed Ishhadil Ali, Advocate. For Respondent(s) : Mr. U.K.S. Chandel, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/03/2025 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. 1212/2024 registered at Police Station Civil Line, District : Bilaspur (C.G.) for the offence punishable under Sections 318(4), 336(3), 338, 340(2), 61(2) of Bharatiya Nyaya Sanhita (for short ‘BNS’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that a case has been registered at Civil Line Police Station, Bilaspur district, under Crime No.1212/2024, Sections 318(4), 336(3), 338, 340(2), and 61(2) of the Bharatiya Nyaya Sanhita (BNS). The case diary reveals that the complainant, Nitish Kumar Bhardwaj, was allegedly cheated by Gurushankar Divy and Kapil Goswami, who posed as Police Constables in Baloda Bazar. They conspired to deceive Bhardwaj on the pretext of providing job and fraudulently took Rs.6,00,000/- from him, and from the memorandum statement of main accused persons, it came into light that it was the applicant, who typed those joining letters and in lieu of those he charged Rs.20,000/- per letter, thereafter, offence has been registered against the applicant and subsequently he was arrested. 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 applicant is working as a typist in typing shop, Gagan Photo, which is located at 27 Koholi, Mangla Bilaspur, he works on the instructions of his customers and, in lieu of that, charges Rs. 30 per page, like any other typist. He also submits that present applicant does not even know the main accused personally, nor was he aware that typing those incorrect documents would lead to his imprisonment. The applicant is in jail since 10.12.2024, the applicant has no criminal antecedent, 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 opposes the bail 3 application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant in connivance with other co-accused persons had conspired to deceive the complainant on the pretext of providing job and fraudulently took Rs.6,00,000/- from him, and it came into light from the memorandum statement of main accused that it was the applicant who typed those joining letters and in lieu of those letters, he charged Rs.20,000/-, further there is recovery of 10 to 12 appointment letters from the applicant, so far as criminal antecedent of the applicant is concerned, applicant has four criminal antecedents against him, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 10.12.2024, the fact that the applicant in connivance with other co-accused persons had conspired to deceive the complainant on the pretext of providing job and fraudulently took Rs.6,00,000/- from him and it came into light from the memorandum statement of main accused that it was the applicant who typed those joining letters and in lieu of those letters, he charged Rs.20,000/-, further there is recovery of 10 to 12 appointment letters from the applicant, also considering the fact that the applicant has four criminal antecedents which are pending against him and it appears that it is an organized crime, charge-sheet has been filed in 4 the present case, 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 bail application of applicant-Purushottam Tiwari, involved in Crime No. 1212/2024 registered at Police Station Civil Line, District : Bilaspur (C.G.) for the offence punishable under Sections 318(4), 336(3), 338, 340(2), 61(2) of BNS, 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 Akhil