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2025 DAILYLAW 56028 (CHH)

RAHUL JADHAV v. STATE OF CHHATTISGARH

MCRC/8977/2025 · 2025-11-09

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1 2025:CGHC:54627 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8977 of 2025 Rahul Jadhav S/o Ganpati Jadhav Aged About 33 Years R/o Village Kalkhora Tanda, Post And Thana - Kalkhora, District- Bidar, Karnataka. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, P.S. Parpodi, District- Bemetara C.G. ... Respondent For Applicant : Shri Rajendra Patel, Advocate. For Respondent/State : Ms. Supriya Upasne, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/11/2025 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.56/2025 registered at Police Station Parpodi, District-Bemetara (C.G.) for the offence punishable under Sections 318(4), 204, 336(3), 338, 340(2) of the BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.11 18:40:30 +0530 2 2. Case of the prosecution, in brief, is that the complainant Kanha Patel lodged the report at P.S. Parpodi on 24.06.2025 with the averment that, the applicant is serving as a Constable in the C.R.P.F., deceitfully induced the complainant by promising to secure him a job in the C.R.P.F. The applicant demanded a total amount of Rs.4,00,000 for recruitment to the post of Tradesman. Believing his words, the complainant transferred the amount on various occasions through Google Pay to the accused on 23.03.2025 and on subsequent dates. Thereafter, the applicant sent a fake joining letter of C.R.P.F. through WhatsApp to the complainant. Later, he again lured the complainant by saying that a higher post of A.S.I. Lab Technician had been advertised, offering better pay, and demanded Rs.8,60,000/ more for securing that post. The complainant again transferred the said amount through the accused's QR code. Subsequently, the accused sent another forged joining letter and extracted an additional Rs.2,04,750/- on various pretexts. When the complainant suspected fraud and demanded his money back, the accused refused to return the amount. Thus, the accused cheated the complainant of a total sum of Rs.14,64,750/- by dishonestly deceiving him under the pretext of providing government employment. Based on the written complaint, Crime No. 56/2025 was registered at Police Station Parpodi under Sections 318(4), 204, 336(3), 338, 340(2) of the BNS, and investigation was initiated. During investigation, the involvement of the accused was established, and he was arrested on 21.07.2025 and after completion of investigation charge sheet has been filed. 3. Learned counsel for the applicant submitted that the applicant is a constable in the CRPF and allegation against the applicant is that he 3 had taken Rs.14 lakhs for providing a job in the CRPF from the complainant. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 21/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. She would submit that there is one more case against the applicant for a similar offence where he has taken Rs.32 lakhs from another person for getting him job in the CRPF. She would further submit that the applicant has also been terminated from the job. 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, submission of learned counsel for the parties, nature of allegation levelled against the applicant, further the fact that applicant has also been terminated from the job, period of detention of the applicant since 21/07/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Rahul Jadhav, involved in Crime No.56/2025 registered at Police Station Parpodi, District-Bemetara (C.G.) for the offence punishable under Sections 318(4), 204, 336(3), 338, 340(2) of the BNS, be released on bail on his furnishing a personal bond with two 4 local 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 and proceed against him in accordance with law. 8. However, it will be open for the prosecuting agency to initiate 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri