1 2025:CGHC:50082 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6269 of 2025 Chaitram Sahu S/o Jaitram Sahu Aged About 45 Years R/o Gram Amakherwa, P.S. Civil Lines Manendragarh, District Manendragarh-Chirmiri-Bharatpur Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through S.H.O. P.S. Purani Basti, Raipur, Tahsil And District – Raipur, Chhattisgarh ---- Non-applicant For Applicant : Mr. V.S. Mishra, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 256/2025, registered at Police Station – Purani Basti, District – Raipur (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that That, as per prosecution story in brief is that the one Complainant Chetna Sahu submitted a written application to the police station Purani Basti to the effect that she had come to her maternal uncle Shatrughan Sahu's place in Devpuri Raipur in December 2023, where it was learned that her daughter Shikha Sahu was being RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 given a job in the Railways under sports quota. On being introduced to Rupesh Sahu, a tenant in their house, as an officer working in Bilaspur in the Railways, he said that he has got jobs for some other people in the family and outsiders as well, I will get you one too, and asked for all the documents and some money. After a few days, Shikha Sahu told that her joining letter had arrived, then he gave the documents and some money to the applicant at his home in Professor Colony, promising to get you a job. 3. After a few days, the applicant said that your form has been submitted and GM Sir has recommended the money, then he gave some more money. After a few months, the applicant said that GM Sir has to get 15 more people employed in the railways at once, if this is not possible then your form will also be stopped there. When she asked him to get a job for any of her friends or relatives, she asked him to get a job in the railways for her brother Kunal Sahu and husband Shubhanshu Jumde too, after which Rupesh took documents and some money from both of them after few days, Rupesh Sahu's demand for money kept increasing and he took the money in installments. On 03.05.24, the applicant got medical certificates made for the complainant and two others at the District Hospital, Pandri and took Shikha Sahu and another person to Bhopal for an interview, where he paid Rs. 45-70 thousand when asked for it. 4. In the month of July, the applicant took the complainant and 4 other people to Bhopal for an interview and there on 25.07.24, he took Rs. 2,20,000 in cash saying that they will have to give it to the sir and asked them to wait at the railway station, after which he came and said that your work is done and brought them back to Raipur. On enquiring about not giving any update for a few days, he gave call letters to everyone and 3 said that they have to go to Gujarat, Vadodara for training in October. This time her father Chaitram Sahu also went to Vadodara, Gujarat with everyone. There also the cash was taken saying that Rs. 2,20,000/- have to be given to sir before the training and there also the cash was taken and he was asked to wait outside the training centre. The applicant himself went inside the training centre and came out after a few hours saying that the training batch is full, you should come in the next batch and brought her to Raipur. 5. On 05.11.24, the applicant got her and her husband's medical done again saying that the old medical will not be valid. By deceiving Kunal Sahu under the pretext of getting his vehicle in the railways He was forced to purchase a Selton car with no CG 04 PS-5678 and was made to sign an agreement for paying Rs. 55,000 per month and was taken as security deposit of Rs. 55,000 in cash. On not receiving the money for the car for 3-4 months, on enquiring. the applicant said that payment for 7 months would be given together and a cheque of Rs. 3,80,000 has been deposited in Bank of Baroda, Pandri. When Kunal went to the bank and enquired, he found out that no cheque has been deposited. A total of Rs. 14,37,063/- was taken by luring him with the promise of getting him a job and letting him drive the car And the car was given for repair in Labhandi showroom after causing an accident. It was found out from the showroom that the car was not being used in railways but was being run in private sector Avaya Car (Varaj) Car Private Limited. Hence, this application. 6. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. It is further 4 submitted that the applicant is the father of the co-accused, Rupesh Sahu, in whose account the money was being transferred by the complainant for providing job. The applicant is in jail since 03.07.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 7. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case, and the applicant is not entitled for grant of bail. 8. I have heard learned counsel for the parties and perused all of the documents available on record. 9. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is the father of the co-accused, Rupesh Sahu, in whose account the money was being transferred by the complainant for providing job, the case of the applicant is distinguishable from the case of the co-accused, the applicant is in jail since 03.07.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 10. Let applicant, Chaitram Sahu, involved in Crime No. 256/2025, registered at Police Station – Purani Basti, District – Raipur (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340 and 3(5) of the BNS, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- 5 (i) the applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) the applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) the applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 11. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar