Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 3119 (CHH)

RAMNARAYAN SAHU v. STATE OF CHHATTISGARH

MCRCA/83/2025 · 2025-01-16

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:2809 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 83 of 2025 Ramnarayan Sahu S/o Badri Prasad Sahu Aged About 48 Years R/o Ward No. 09, Mahkam, Sonakhan, P.S. Sonakhan District Balodabazar Chhattisgarh ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Mandir Hasaud, District Raipur Chhattisgarh. ... Non-applicant For Applicant : Mr. Nishi Kant Sinha, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Government Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 16 .01.2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Second Anticipatory Bail, apprehending his arrest in connection with Crime No. 659/2024, registered at Police Station – Mandir Hasaud, District- Raipur (C.G.) for the alleged commission of offence punishable under Section 420 of the Indian Penal Code. 2. The earlier anticipatory bail application of the applicant has been dismissed as withdrawn by this Court in MCRCA No. 1 of 2025 vide order dated 06.01.2025 on the ground that the afÏdavit filed in RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.17 20:11:55 +0530 2 support of the present bail application is defective one as reported by the Stamp Reporter. 3. As per the prosecution story, the complainant filed a complaint with the concerned police station alleging that the accused, Bhuneshwar Sahu, who was involved in trading in the share market, assured the complainant that he could double the invested amount. Based on this assurance, the complainant deposited Rs.7,00,000/- into the bank accounts of Bhuneshwar Sahu and Chhote Lal Yadav via RTGS. The complainant initially received a benefit of Rs. 35,000/- through Ghanshyam Verma on 10.07.2024. However, the accused persons failed to return the remaining amount thereafter. Based on the complaint, the concerned police station registered an offence under Section 420 of the Indian Penal Code against the accused persons. It is alleged that the case against the applicant has been registered solely on the basis of the memorandum statement. 4. Learned counsel for the applicant submitted that this is second anticipatory bail application of the applicant has been dismissed as withdrawn by this Court in MCRCA No. 1 of 2025 vide order dated 06.01.2025 on the ground that the afÏdavit filed in support of the present bail application is defective one as reported by the Stamp Reporter. He further submits that the applicant has not played any role and no transaction of any amount has done in between complainant and present applicant and only on the basis of the memorandum statement, he has falsely been implicated in this case without any sufÏcient reason which is not sustainable in the eyes of law. He further submits that the other co-accused person, namely, 3 Ranu Dhruw has already been granted anticipatory bail by this Court in MCRCA No. 1442/2024, vide order dated 16.12.2024 and also another co-accused persons, namely, Bhuneshwar Sahu and Manohar Lal Sahu have already been granted regular bail by this Court in MCRC No. 8987/2024, vide order dated 02.01.2025. Therefore, he submits that the present applicant is also entitled to be released on anticipatory bail on the ground of parity. 5. On the other hand, the learned State Counsel opposes the anticipatory bail application of the present applicant and submits that the accused, Bhuneshwar Sahu, who was involved in trading in the share market along with present applicant, assured the complainant that he could double the invested amount. Based on this assurance, the complainant deposited Rs.7,00,000/- into the bank accounts of Bhuneshwar Sahu and Chhote Lal Yadav via RTGS. However, the accused persons failed to return the remaining amount. Therefore, he is not entitled for grant of anticipatory bail in the present case. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case that in the present case, the other co-accused person, namely, Ranu Dhruw has already been granted anticipatory bail by this Court in MCRCA No. 1442/2024, vide order dated 16.12.2024 and also another co- accused persons, namely, Bhuneshwar Sahu and Manohar Lal Sahu have already been granted regular bail by this Court in MCRC 4 No. 8987/2024, vide order dated 02.01.2025., therefore, I am inclined to grant second anticipatory bail to the present applicant on the ground of parity. 8. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Ramnarayan Sahu, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) 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. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) the applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rahul Dewangan