1 2025:CGHC:56396 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9357 of 2025 Santram Bharti S/o Sukhdev Bharti, Aged About 32 Years, R/o Munhdabri, Police Station Chhuikhadan, Tehsil Khairagarh, District Khairagarh- Chhuikhadan-Gandai, C.G. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Khairagarh, District - Khairagarh-Chhuikhadan-Gandai, C.G. ... Non-Applicant For Applicant : Mr. Abhishek Sharma, Advocate. For Non-Applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.11.2 025 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. 416/2025, registered at Police Station – Khairagarh, District - Khairagarh- Chhuikhadan-Gandai, (C.G.) for the offence punishable under Section 318 (4), 336(3), 338, 340(1) and 340(2) of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution story, on 21.08.2025, the complainant, Chumman PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.20 12:46:10 +0530 2 Meravi, lodged a written report at Police Station Khairagarh stating that the applicant had taken :5,70,000/- from him in different instalments between 2023 and 2025, promising to secure a government job for him at the Collector’s Office, Khairagarh. He further alleged that the applicant had also taken money from (1) Bhojram Verma, (2) Neeteshwar Verma, (3) Dongendra Janghel, (4) Kanhaiya Patel, (5) Ramkumar Thakre, (6) Mayaram Janghel, and (7) Chitranjan Janghel. On the basis of the written report, the police of Police Station Khairagarh investigated the matter, and the applicant was arrested on 22.08.2025 for the offences under Sections 318(4), 336(3), 338, 340(1) and 340(2) of the BNS. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant is alleged to have taken money from the complainant for providing a job in the Collectorate Office and that he is said to have received Rs. 5,70,000/- through UPI from the complainant. It is further submitted that the applicant has no previous criminal antecedents and that the charge-sheet has already been filed in this case. The applicant has been in judicial custody since 22.08.2025, and the trial is likely to take considerable time to conclude. Therefore, the learned counsel prays that the applicant may be released on bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed in this case. It is further submitted that, besides the complainant, the applicant is alleged to have taken money from seven other persons, both in cash and through UPI, promising to provide them jobs. It is further submitted that the applicant has no previous criminal antecedents; however, he is not entitled to the grant of bail. 3 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 the applicant is alleged to have taken money from the complainant for providing a job in the Collectorate Office and that he is said to have received Rs. 5,70,000/- through UPI from the complainant, the applicant has no previous criminal antecedents, further the charge-sheet has been filed and the applicant is in jail since 22.08.2025 and conclusion of the trial is likely to take some time, 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. Let the applicant - Santram Bharti, involved in Crime No. 416/2025, registered at Police Station – Khairagarh, District - Khairagarh-Chhuikhadan-Gandai, (C.G.) for the offence punishable under Section 318 (4), 336(3), 338, 340(1) and 340(2) of Bharatiya Nyaya Sanhita, 2023, 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 she 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 her counsel. In case of her absence, without sufficient 4 cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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 her 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 Preeti