ASHISH

TIWARI 1
Digitally signed by
ASHISH TIWARI
Date: 2025.01.06
18:37:53 +0530

2025:CGHC:383
NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRC No. 7960 of 2024

Md. Istekhar Khan S/o Jumman Khan Aged About 32 Years R/o Village
Charcha, P.S. Charcha District Koriya Chhattisgarh.
... Applicant
versus
State of Chhattisgarh Through Station House Officer, P.S. Charcha,
District Koriya Chhattisgarh.
... Non-applicant
For Applicant : Ms. Chetna Sharma, Advocate.
For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

03/01/2025

1. This is the first bail application filed under Section 483 of Bhartiya

Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the

applicant who has been arrested in connection with Crime No.

240/2024 registered at Police Station- Charcha, District- Koriya

(C.G.), for the offence punishable under Sections 420, 120B, 467

and 468 of IPC.

2. Case of the prosecution, in brief, is that, on 22.10.2024, the

complainant namely Teju Ram lodged an FIR against the applicant

before the concerned police station, stating therein that the present
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applicant has taken Rs. 4,50,000/- from the complainant on the

pretext of providing job on the post of peon. Therefore, the FIR was

lodged against the applicant for the aforesaid offences.

3. Learned counsel for the applicant submits that the applicant is

innocent and he has been falsely implicated in this case. She further

submits that the actual fact is that in the year 2020, one Narendra

Bharat resident of Natural Colony Bilaspur came to Baikunthpur and

meet with the applicant and told that his brother is a Tehsildar in

Mungeli and he has lot of influence, many posts of clerk and Peon

are vacant in Raipur Revenue Department, he further told that the

applicant can get job by getting interview done directly through his

Tehsildar Brother namely Rajendra Bharat which will cost Rs. 3

lakhs for one post of clerk and Rs. 1.8 lakhs for the post of peon if

someone needs job then inform him soon, saying this he gave his

and his Tehsildar Brother's phone number and address. The

applicant in the greed of getting job prepared himself, his brother

and 13 other people for the post of clerk (Babu) and Peon and

talked to Rajendra Bharat on phone call he said that everyone will

get job, all of them have to do as his brother Narendra Bharat says

and whatever amount he is asking just pay him but do not disclose

my name to anyone. Then the applicant in the multiple occasion as

per the instruction deposited total 34 lakh and 20 thousand Rs. in

the State Bank account of Narendra Bharat bearing a/c No.

20152919555 through cash and some were R.T.G.S. When

applicant and other 14 person did not get the job, they all

demanded for refund of their money on which Narendra Bharat

gave 7 blank cheques signed by him to the applicant out of which 2

cheques are still remaining with the applicant and rest of them were

distributed to the person from whom money was taken. Being

defrauded by Narendra Bharat and his brother Rajendra Bharat the

applicant made a written complaint on 07.03.2024 before the

Superintendent of Police Distt-Koriya C.O. against the Narendra

Bharat and his brother Rajendra Bharat however no action was

taken by the authority instead applicant had been called multiple

time to the police station but No FIR got registered. She further

submits that the authority did not take any action against the

complaint made by applicant therefore, the applicant moved an

application under Section 156 (3) of Cr.P.C. before the JMFC,

Baikunthpupr, Distt Koriya (C.G.) on 22.10.2024. The learned trial

Court taking the application into consideration and directed the

concerning police authority to make investigation and submit the

report. Surprisingly, on the same day, on a complaint of Teju Ram,

FIR was registered relating to the same offence against the

applicant instead of complying the order of the learned trial Court to

investigate and register the crime against main culprits i.e. the

Narendra Bharat and Rajendra Bharat. On 28.10.2024 Police

Station In-charge submitted a letter before CJM Baikunthpur

mentioning that Crime No. 240/2024 has been registered against

the applicant and requested for inclusion of the complaint made by

applicant under Section 156(3) whereby the learned trial Court’s

order to investigate further in the offence by including the complaint

made by applicant. Therefore, from perusal of the above facts, it is

clear that the applicant is victim not an accused but in the bid to

secure the real culprits on their behest applicant has been made an

accused. The applicant has already made a written complaint

before the police authority and also filed an application for the

offence of cheating and forgery amounting Rs. 34 lakhs which has

been actually done by Narendra Bharat and Rajendra Bharat. The

alleged amount was never kept by the applicant and it was always

been deposited to the State Back account of Narendra Bharat. The

applicant is one of the victims of defraud as he has also got trapped

in the conspiracy played by these two brothers namely Narendra

Bharat and Rajendra Bharat. The police authorities are trying their

level best to protect the main culprits namely Narendra Bharat and

Rajendra Bharat. Rajendra Bharat being Tahsildar having undue

influence over the police authority still roaming freely and no FIR

against him moreover his brother is also getting the privilege of

power that even after registration of FIR against him but yet not

been arrested and the applicant is in jail since 23.11.2024 and the

conclusion of the trial is likely to take quite long time. Therefore, he

prays for grant of regular bail to the applicant.

4. On the other hand, learned Panel Lawyer, appearing for the

State/non-applicant opposes the bail application and and submits

that the applicant along with co-accused have cheated the

complainant and obtained Rs. 4,50,000/- from the complainant on

the pretext of providing Job as such, the present applicant is not

entitled for grant of bail.

5. I have heard learned counsel appearing for the parties and perused
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the case diary.

6. Considering the facts & circumstances of the case, submissions of

learned counsel for the parties and nature of dispute and material

available in case diary and also considering the fact that the

applicant along with co-accused have cheated the complainant and

obtained Rs. 4,50,000/- from the complainant on the pretext of

providing Job however, from perusal of the case diary, it appears

that the applicant is the victim, not the accused, but in an attempt to

shield the real culprits, the applicant has been falsely implicated.

The applicant had previously filed a written complaint before the

police authorities and also filed an application for cheating and

forgery amounting to Rs. 34 lakhs, which was actually committed by

Narendra Bharat and Rajendra Bharat. The alleged amount was

never in the applicant's possession, as it was always deposited into

Narendra Bharat's State Bank account and the applicant is, in fact,

one of the victims of the fraud, having fallen prey to the conspiracy

orchestrated by the two brothers, Narendra Bharat and Rajendra

Bharat and in the present case, charge-sheet has been filed before

the competent Court and the applicant is in jail since 23.11.2024.

thus, this Court is of the view that the applicant is entitled to be

released on bail.

7. Let the applicant – Md. Istekhar Khan, involved in Crime No.

240/2024 registered at Police Station- Charcha, District- Koriya

(C.G.), for the offence punishable under Sections 420, 120B, 467

and 468 of IPC, be released on bail on his furnishing a personal

bond with two sureties, in the like sum to the satisfaction of the
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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. Office is directed to send a certified copy of this order to the trial

Court for necessary information and compliance. dirurt fo forthwith.

- S/- Sd/-/-
(Ramesh Sinha)
Chief Justice

Ashish/Kunal