1 2025:CGHC:49610 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7817 of 2025 Kapileshwar Puri Goswami S/o Late Gurudutt Goswami, Aged About 35 Years R/o Sail Vihar Mangla, Police Station Civil Line, Tahsil And District Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Civil Line, District – Bilaspur (C.G.) ---- Non-applicant For Applicant : Mr. Rahul Goswami, Advocate. For Non-applicant/State : Mr. Jitendra Shukla, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.10.2025 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. 1211/2024, registered at Police Station – Civil Line, District – Bilaspur (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2), 61(2) and 111 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the complainant Nand Kumar Sandilya, submitted a written complaint to the Police Station concerned, stating that he was a resident of village Dhurwakari and a resident of his RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 village, informed him that Kapil Goswami, in acquaintance of Gurushankar Divya, had access to him though Bilaspur resident Kapil Goswami, He is being recruited and on 05.12.2024 he came to Hotel East Park in Bilaspur with Nitish, there he met Gurushankar and Kapil, there Kapil told him that he has minister level connections and will get him a job in janjgir through the posts quota in constable G.D., saying this he took the photocopy of class 10th and 12th documents from the applicant on 08-12-2024 and returned the original and took Rs.5,50,000/- from him in lieu of getting him the job. The complainant, after mortgaging his mother's and wife's jewelry and selling paddy from his piel, presented the said amount to the accused. Kapil Goswami, along with his brother, Devand Sandilya, near the gate of Bilaspur Police Office on 04-12-2024. Goswami, showing a joining letter inside his innova car, number CG-15-DD-8931, took Rs. 55,000/- from the complainant in the name of a job placement, and then field inside the SP's office. The applicant also stated in his complaint that the accused had taken money from several other people in the name of job placement. Based on the applicant's complaint, a case was registered against the accused. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the applicant has a total of 7 criminal antecedents out of which bail applications for four cases have been listed today including the present one, bearing MCRC Nos. 7826/2025, 7840/2025 and 7843/2025. It is further submitted that the charge-sheet has been filed in this case, and the bail applications of the co-accused have been allowed by this Court vide orders dated 14.08.2025, 26.08.2025 and 09.09.2025 passed in MCRC Nos. 6233/2025, 6728/2025 and 7155/2025. The applicant is in 3 jail since 10.12.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are 7 criminal antecedents registered against the present applicant including the present one, and the charge- sheet has been filed in this case. It is further submitted that the applicant has taken money from the complainant on the pretext of providing job, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has a total of 7 criminal antecedents out of which bail applications for four cases have been listed today including the present one, bearing MCRC Nos. 7826/2025, 7840/2025 and 7843/2025, charge-sheet has been filed against the applicant, the bail applications of the co-accused have been allowed by this Court vide orders dated 14.08.2025, 26.08.2025 and 09.09.2025 passed in MCRC Nos. 6233/2025, 6728/2025 and 7155/2025, the applicant is in jail since 10.12.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Kapileshwar Puri Goswami, involved in Crime No. 1211/2024, registered at Police Station – Civil Line, District – Bilaspur (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2), 61(2) and 111 of the BNS, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of 4 the Court concerned with the following conditions:- (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. 8. However, it will be open for the prosecuting agency to initiate prosecution against the complainant of the present case also who claims to have been cheated by the applicant herein as the conduct of the complainant amounts to giving bribe for obtaining employment through illegal mode. 9. 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