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2025 DAILYLAW 36815 (CHH)

GYAN PRAKASH SAHU v. STATE OF CHHATTISGARH

MCRCA/1108/2025 · 2025-07-24

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1 2025:CGHC:36226 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1108 of 2025 • Gyan Prakash Sahu S/o Rajendra Kumar Sahu Aged About 38 Years R/o Village And Post- Utai, Khopali District- Durg, C.G. Current R/o Block No. 03, Flat Current R/o Block No. 03, Flat 02/e, Kuber Enclave, Junwani Road, Kohka Bhilai District - Durg, C.G. ... Applicant versus • State Of Chhattisgarh Through Station House Officer Supela District- Durg, C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sanjay Agrawal, Advocate For Respondent/State : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.07.2025 1. This is first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.694/2025 registered at Police Station – Supela, District – Durg (C.G.) for the offence punishable under Sections 420, 120-B of IPC. 2. The prosecution story, in brief, is that on 12.06.2025 a written complaint was lodged by Dhaal Singh alleging that in the year 2020- 21, the co-accused Yogesh Sahu to whom he was acquainted with had introduced to the applicant after which they provoked the complainant to invest money and get it double in two years’ time, as 2 at that time I was not having enough funds the complaint refused to invest but in the year 2021 they sold me the above scheme and I invested Rs.13,66,534/-, which was transferred in the account of the Yogesh Sahu, but after completion of the said tenure when the complainant requested for refund which was refused by them and informed that the company in which the money was invested has liquidated and as such the invested money could not be returned, therefore the aforesaid offences were against the applicant. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and have been falsely implicated in this case. It is submitted that the FIR which was lodged by the applicant against one Umesh Kumar Patel in connection with crime No.167 of 2025 registered at Police Station – Vaishali Nagar, District Durg for offence under Section 420 & 120(b) of IPC, 1860, he filed an anticipatory bail application in MCRCA No.978 of 2025 vide order dated 07.07.2025 and same was allowed and other co-accused has also granted anticipatory bail by this Court in MCRCA No. 1074 of 2025 vide order dated 22.07.2025. In the present case FIR has been lodged by the complainant namely Dhaal Singh against the present applicant after five years and complainant is also connected with Umesh Kumar Patel and Pawan Sahni. He further submits that the FIR has been lodged against the present applicant bearing Crime No.314/2024 registered at police station Basantpur District- Rajandangaon (C.G.) for the offence under Sections 420/34 of IPC, in which he has already been granted anticipatory bail in MCRCA No.884 of 2024 vide order dated 16.08.2024, also in Crime No.19 of 2025 in MCRC No.2213 of 2025 vide order dated 20.03.2025, he granted regular bail and he has challenged the Crime No.0146 of 2025 in CRMP No.1716 of 3 2025, in which the impugned order has been passed and staying his arrest. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposed the bail application and submits that applicant is having six previous criminal antecedents bearing crime Nos. 19/2025, 437/2024, 314/2024, 59/2024, 3/2025 and 146/2025. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, and from the perusal of the case diary it transpires that in the present case FIR has been lodged by the complainant against the present applicant after five years and complainant was also in contact/connected with Umesh Kumar Patel and Pawan Sahni, who are involved in the said scheme, present applicant is already granted anticipatory bail in MCRCA No.884 of 2024 vide order dated 16.08.2024, and also regular bail granted by this Court bearing Crime No.19 of 2025 in MCRC No.2213 of 2025 vide order dated 20.03.2025, and he has challenged the Crime No.0146 of 2025 in CRMP No.1716 of 2025, in which the impugned order has been passed and staying applicant’s arrest, this Court is of the view that the applicants are entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Gyan Prakash Sahu on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on 4 the following conditions:- (a) The Applicant 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) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant 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 their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali