1 2025:CGHC:6130 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 959 of 2025 Shantanu Bhardwaj S/o Shir Geetaram Bhardwaj Aged About 38 Years R/o Madwa, Chowki Giraudhpuri, P.S. Gidhouri Tundra, District : Balodabazar-Bhathapara, Chhattisgarh ... Applicant versus State of Chhattisgarh Through S.H.O., P.S. Lawan, District : Balodabazar-Bhathapara, Chhattisgarh ... Non-applicant For Applicant : Mr. Rakesh Kumar Manikpuri, Advocate For Non-applicant/State : Mr. U.K.S. Chandel, Dy. Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No. 385/2024, registered at Police Station Lawan, District : Baloda Bazar-Bhathapara (C.G) for the offence punishable under Section 420 of the IPC. 2. The prosecution's story, in brief, is that complainant, namely, Chandra Kumar Patel lodged a written complaint stating that in ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.04 17:08:14 +0530 2 July 2023, the applicant called him to a private office, SGP Job Pvt. Ltd, in Raipur, promising a job at Mantralaya Raipur. The applicant received Rs. 500/- as a registration fee and later demanded Rs. 60,000/-. The complainant transferred Rs. 20,000/- on 22.07.2023, Rs. 10,000/- on 24.07.2023, and paid Rs. 25,000/- in cash on 31.07.2023. However, the applicant failed to provide the job, receiving a total of Rs. 55,500/- from the complainant. Based on the complaint, PS Lawan registered Crime No. 385/2024 under Section 420 of the IPC, arrested the applicant on 24.10.2024, and filed a charge sheet on 13.11.2024. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and he has been falsely implicated. The applicant is a government servant and he is not in a position to provide the job to anyone, the applicant has taken loan against the complainant and others because of his bad habits and when he failed to repay the loan, the false F.I.R. has been registered against him. The applicant is not running any private job placement company and he has not called the complainant with the assurance that he can arrange the job for him. He submits that no case is made out against the present applicant and the ingredients of the above mentioned alleged offence is not present in the complaint. The applicant is in jail since 24.10.2024, though the charge-sheet has been filed, the conclusion of the trial is likely to take some time. Therefore, he prays for grant of regular bail to the applicant. 3 4. On the other hand, the learned State counsel submits that the accused / applicant demanded Rs. 55,000/- from the complainant Chandra Kumar Patel in the name of getting him a government job as a computer operator in the Ministry and then the complainant paid Rs.55,000/- to the applicant through UPI on his mobile. Further, the applicant has 07 previous criminal antecedents registered against him which are of similar nature, which itself shows that applicant is a habitual offender. Hence, his bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Perusal of the case diary goes to show that though the applicant himself is a government employee, on the name of getting a job as a computer operator in the Ministry, the applicant cheated the complainant and has obtained Rs.55,000/- from him. Further, so far as criminal antecedents of the applicant is concerned, he has 07 previous criminal antecedents of the, for similar nature of offence registered against him, which itself shows that applicant is a habitual offender. Thus, though the charge-sheet has been filed and applicant is languishing in jail since 24.10.2024, looking to the facts and circumstances of the case, it does not seem appropriate to grant bail to the applicant. 7. Accordingly, the bail application of applicant – Shantanu Bhardwaj involved in Crime No.385/2024, registered at Police 4 Station Lawan, District : Baloda Bazar-Bhathapara (C.G) for the offence punishable under Section 420 of the IPC, is rejected at this stage. 8. It will be open for the prosecuting agency to register an FIR 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 offering bribe for obtaining government employment through illegal mode. 9. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously. 10. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek