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2025 DAILYLAW 34232 (CHH)

SHANKAR LAL SAHU v. STATE OF CHHATTISGARH

MCRC/5515/2025 · 2025-07-14

body2025

Judgment text

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1 2025:CGHC:33050 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5515 of 2025 Shankar Lal Sahu S/o Mehattar Lal Sahu Aged About 56 Years R/o - 743, Mahamai Para, Sahu Bada, Purani Basti, Raipur, District - Raipur Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station Purani Basti, Raipur, District – Raipur, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Manharan Lal Sahu, Advocate. For Non-applicant/State : Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.07.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 154/2025 registered at Police Station – Purani Basti, Raipur, District – Raipur (C.G.) for the offence punishable under Section 420 and 34 of the Indian Penal Code (IPC). 2. Case of the prosecution, in brief, is that the applicant is committing fraud by taking a total of Rs. 10,00,000/- in installments at different times in the name of getting a job from the complainant according to RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 the present FIR, and the crime was registered against the applicant. Hence, this application. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the charge-sheet has been submitted in this case and the co-accused has been granted anticipatory bail by this Court vide order dated 13.05.2025 passed in MCRCA No. 713/2025. The applicant is in jail since 25.04.2025, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the bail application and submits that though the co-accused is stated to be granted bail by this Court vide order dated 13.05.2025 passed in MCRCA No. 713/2025, but the present applicant is involved in 4 criminal antecedents of similar nature which are stated to be pending, and the charge-sheet has been filed in the present case. It is further submitted that the applicant has taken money from the complainant on the pretext of providing job. As such, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the charge-sheet has been filed in the present case, the applicant has taken money from the complainant on the pretext of providing job, and though the co-accused is stated to be granted bail by this Court vide order dated 13.05.2025 passed in MCRCA No. 713/2025, but 3 the present applicant is involved in 4 criminal antecedents of similar nature which are stated to be pending, the applicant happens to be a habitual offender and he has misused the bail granted to him earlier, and also in light of the judgment rendered by the Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, this first bail application of applicant – Shankar Lal Sahu involved in Crime No. 154/2025 registered at Police Station – Purani Basti, Raipur, District – Raipur (C.G.) for the offence punishable under Section 420 and 34 of the IPC, is rejected at this stage. 8. Needless to say that the concerned trial Court is at liberty to proceed with the trial and conclude the same, expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar