1 2025:CGHC:51661 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8004 of 2025 Afsar Khan @ Raja S/o Mohammad Iqbal Khan Aged About 26 Years R/o House No. 42 Power Green City, In Front Of Sai Vihar (Vivekanand Residency) Chilhati Road, P.S. Sarkanda, District- Bilaspur Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station Civil Line, Bilaspur, District – Bilaspur (C.G.). 2 - M.A. Siddiqui S/o Lt. Munsif Ahmad Siddiqui Aged About 60 Years R/o Civil Line, Near I.G. Office, Bilaspur, P.S. Civil Lines, District- Bilaspur Chhattisgarh. ---- Non-applicant For Applicant : Mr. Soumitra Kesharwani, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.10.2025 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. 656/2025, registered at Police Station – Civil Line, District – Bilaspur (C.G.) for the offence punishable under Sections 318(4), 336(3) and 338 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the complainant/respondent No.2, RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 M.A. Siddiqui, on 10.06.2025 submitted a written complaint at Police Station Civil Lines, Bilaspur (C.G.) against the applicant/accused alleging that, by promising to secure employment for his daughter and arrange the transfer of his son to a Government College, the applicant/accused wrongfully obtained money from him. 3. The complainant stated that he is employed as Assistant Grade-II at Higher Secondary School, Belpath, Block Gaurela, and that applicant/accused Afsar Khan alias Raja, pretending to be Junaid Khan, who claimed to be working in S.E.C.L., Korba, communicated with the complainant through messages, assuring him of his daughter's appointment, who holds a B.E. Civil Engineering degree, in S.E.C.L., Korba. On this assurance, the complainant kept arranging money from different sources and paid him continuously. 4. Said applicant/accused, in whose name no bank account exists, was using the ATM card of his sister. Faimida Khan, maintained with SBI, Bilaspur, for this purpose. From 10/07/2021 to 16/04/2025, the applicant/accused has been continuously taking money from the complainant in this manner for securing his daughter's employment in SECL. 5. In this regard the applicant/accused sent the complainant on his mobile, through WhatsApp, purported employment including Recruitment Department Notification 01/2023 dated 03.01.2023, issued by the General Manager (Personnel) and Director (Technical), S.E.C.L., Bilaspur, showing complainant's daughter as provisionally selected for the post of Sub-Engineer along with communication regarding joining and bungalow allotment. 3 6. Similarly, regarding complainant's son, who is studying at the Veterinary College, Dungarpur, Rajasthan, on the pretext of arranging his transfer to the Government Veterinary College, Durg (Anjora), the applicant/accused sent his agents to various public places (chowk/square) to collect money from the complainant. Videography and photographs of these transactions are available with the complainant, showing that money was taken from him through Shruti, Kirti Thakur, and Sunil alias Sushil Verma. A total sum of ₹20,16,610/- was made in favour of the applicant/accused by the complainant herein. On the basis of the said written complaint of the complainant, Police Station Civil Lines, Bilaspur (C.G.) registered First Information Report. Hence, this application. 7. 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 no criminal antecedents. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 11.06.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 8. On the other hand, the learned State counsel opposes the bail application and submits that there are no criminal antecedents registered against the present applicant, 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 to her daughter and transferring his son to the Government Veterinary College, Anjora (Durg), therefore, he is not entitled for grant of bail. 9. I have heard learned counsel for the parties and perused all of the documents available on record. 4 10. 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 no criminal antecedents and charge-sheet has been filed against the applicant, the applicant is in jail since 11.06.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 11. Let applicant, Afsar Khan @ Raja, involved in Crime No. 656/2025, registered at Police Station – Civil Line, District – Bilaspur (C.G.) for the offence punishable under Sections 318(4), 336(3) and 338 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:- (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 5 and proceed against him in accordance with law. 12. 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. 13. 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