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Judgment
This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 34/2026 registered at Police Station : City Kotwali Jashpur, District : Jashpur (C.G.) for the offence punishable under Sections 318(4), 61(2), 238, 336(3), 338 and 340(2) of Bhartiya Nyaya Sanhita, 2023.
The complainant, Ravindra Kumar, lodged a complaint to the effect that Muneshwar and Shubham had promised to provide him a government job. On this assurance, the complainant paid Rs. 2,00,000/- through PhonePe into Muneshwar’s account and Rs. 1,00,000/- in cash. However, despite repeated assurances, no appointment was provided. When the complainant demanded the money back, the accused persons promised repayment but failed to return the amount. Thereafter, the aforesaid case was registered against the co-accused persons, and during the course of investigation, the applicant was arrested on the ground that a SIM card allegedly used in connection with the offence was registered in his name.
Learned counsel for the applicant submits that the applicant was not involved in the commission of the afore-stated offence and he has been implicated solely on the ground that a SIM card allegedly used in connection with the offence was registered in his name. He further submits that the said SIM card was purchased by the applicant way back in the year 2021 for the co-accused Shubham, the same was continuously used by him, and the applicant had no knowledge of its alleged misuse in the present case. He also submits that the applicant has neither obtained any monetary benefit nor defrauded the complainant or any other similarly situated person, however, he has been in jail since 30.08.2026, and the conclusion of the trial may take some time. Therefore, he prays for the grant of regular bail to the present applicant.
On the other hand, learned State counsel opposes the bail application and submits that the co-accused persons grabbed a sum of Rs. 9,70,000/- from the complainant and four other persons by luring them with the promise of government jobs, whereas a SIM card used in connection with the afore-stated offence was registered in the name of the applicant, which indicates his active involvement in the commission of the said offence; therefore, he is not entitled to the grant of regular bail.
I have heard learned counsel for the parties and perused the case diary.
Admittedly, the applicant was not named in the FIR lodged on 02.02.2026 and has been implicated solely on the ground that a SIM card allegedly used in the commission of the offence was registered in his name. Furthermore, there is no allegation that the applicant received or grabbed any money on the pretext of providing government jobs. Also considering the fact that applicant has been in jail since 30.08.2026, the trial is likely to take sometime for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case.
It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 50,000/- to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:-
he shall make himself available for interrogation by the police officer as and when required;
(b)he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court; and
he shall not act in any manner which will be prejudicial to a fair and expeditious trial.
The observation made hereinabove is for the purpose of deciding this bail application only, the learned trial Court shall decide the case on its own merits.