1 2025:CGHC:53128 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1662 of 2025 Ramsewak Sahu Son Of Aktiram Sahu Aged About 40 Years Posted As Medical Assistant (Contractual), Primary Health Centre Jatri, District- Raigarh (C.G.) Resident Of Quarter No.-A 25, Power City Colony, Jailgain, Darri, Jamnipali, Katghora, District- Korba (C.G.) ... Applicant Versus State Of Chhattisgarh Through The District Magistrate- Raigarh District- Raigarh (C.G.) (Concerned Police Station City Kotwali) ... Non-applicant For Applicant : Mr. Hari Agrawal, Advocate For Non-applicant : Mr. Amit Verma, Panel Lawyer SB : Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 30.10.2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Bail, apprehending his arrest in connection with Crime No. 453/2025, registered at Police Station – City Kotwali, District – Raigarh (C.G.) for the alleged commission of offence punishable under Sections 318 (4), 336 (3), 338 of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution’s case in brief is such that, vide written report dated 04.09.2025, the Chief Medical & Health Officer, Raigarh filed a written report to the effect that vide transfer order dated 13.08.2025, the services of applicant was transferred from Primary Health Centre, Jatri, Raigarh to 2 Primary Health Centre, Churi, Korba and consequently, on 19.08.2025, the applicant was relieved from his service at Primary Health Centre, Jatri, Raigarh so as to give his joining before the Chief Medical and Health Officer, Korba. However, later on vide letter dated 04.09.2025, the Director, Department of National Health Mission, C.G. informed that the transfer order dated 13.08.2025 has not been issued by their Department. Thereafter, this fact was reported by the informant/complainant to the police authorities and on the aforesaid written complaint, the aforesaid FIR was registered against the accused/applicant herein for the aforesaid offence. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the applicant is working under the Department from the year 2011 and he was only complying with the transfer order dated 13.08.2025 on administrate interest. There was no personal gain or interest of the applicant by way of the impugned transfer order dated 13.08.2025. Further, the applicant was completely oblivious that the transfer order dated 13.08.2025 was not issued by the higher authorities of the department. He submits that it was on account of the said transfer order, the applicant was relieved from his earlier posting at rimary Health Centre, Jatri, Raigarh and thereafter, he gave his joining at Korba which is completely an administrative process and thus, there is illegality committed on the part of the applicant. He submits that applicant is a contractual employee the transfer order was officially served upon the applicant and there is no material to showcase any fraud comitted by the applicant. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the present applicant though was a contractual employee, but the transfer order 13.08.2025 was never issued by the Department and further, there was no verification made by the applicant for his transfer to District – Korba. He further submits that there was no 3 official communication made to the applicant or discharging of the transfer order to the applicant. He further contended that the FIR has been registered against the applicant after due enquiry and verification of facts and thus, when there was no such order issued by the department, the offence is prima facie made out against the applicant. Hence, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence and material on record in the case diary, and the facts and circumstances of the case and the submission of the counsel for the parties particularly, the State Counsel that the transfer order dated 13.08.2025 was not issued by the department and the FIR has been registered against the applicant after due enquiry, therefore, I am not inclined to grant bail to the applicant. 7. Accordingly, the bail application of the applicant – Ramsewak Sahu, involved in Crime No. 453/2025, registered at Police Station – City Kotwali, District – Raigarh, (C.G.) for the alleged commission of offence punishable under Sections 318 (4), 336 (3), 338 of the Bhartiya Nyaya Sanhita, 2023, stands rejected. Sd/- (Ramesh Sinha) Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY