The court granted regular bail considering the filing of the charge-sheet, parity with co-accused who received anticipatory bail, and the fact that the applicant was already on bail in his previous criminal cases.

Order on Board

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. 167/2025 registered at Police Station Rajhara, District Balod (C.G.) for the offence punishable under Sections 318(4), 3(5) of BNS.

2. Case of the prosecution, in brief, is that the complainant lodged a written report at Police Station Rajhara alleging that the accused persons, namely Purnima Upadhyaya and Mamta Mishra, along with the present applicant, induced the complainant and other aspirants on the pretext of providing employment in the mines in November, 2024. It is alleged that each aspirant paid a sum of Rs.40,000/- to the accused persons, and part of the amount was also transferred to the present applicant through PhonePe. It is further alleged that despite receiving the said amounts, the accused persons neither provided any employment nor returned the money. In total, an amount of Rs.10,40,000/- is alleged to have been collected from 26 aspirants by the accused persons. On the basis of the said allegations, the aforesaid crime was registered, and after completion of investigation, the police have filed the charge-sheet before the competent Court. Hence, the bail application.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that two of the co-accused persons, namely, Purnima Upadhayay and Mamta Mishra have already been granted anticipatory bail by this Court vide common order dated 09.09.2025 in MCRCA No.1371 of 2025, so far as criminal antecedents of the applicants are concerned, the applicant has five criminal antecedents and in all the five cases, applicant is on bail, copies of the said bail orders are filed through covering memo. The applicant is in jail since 09.12.2025, the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant.

4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant in connivance with co-accused persons, induced the complainant and other aspirants on the false promise of providing employment in mines and collected money from them, including amounts transferred to the applicant through online mode. It is alleged that despite receiving the said amounts, neither any job was provided nor the money was returned, thereby cheating the complainant and other victims. Furthermore, the applicant has five criminal antecedents, therefore, the applicant is not entitled for grant of bial.

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, nature and gravity of offence, period of detention of the applicant since 09.12.2025, the fact that though the applicant in connivance with co-accused persons, induced the complainant and other aspirants on the false promise of providing employment in mines and collected money from them, including amounts transferred to the applicant through online mode, further despite receiving the said amounts, neither any job was provided nor the money was returned, but considering the fact that the applicant has five criminal antecedents and in all the five cases, applicant is on bail and two of the co-accused persons, namely, Purnima Upadhayay and Mamta Mishra