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2025 DAILYLAW 54915 (CHH)

UTTAM KUMAR SAHU v. STATE OF CHHATTISGARH

MCRCA/1226/2025 · 2025-08-21

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1 2025:CGHC:42777 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.1226 of 2025 Uttam Kumar Sahu S/o Shri Budhram Sahu Aged About 40 Years R/o Village Bhewarmara (Singhola), Dist- Rajnandgaon C.G. ... Applicant versus State Of Chhattisgarh Through Police Station Vaisali Nagar, District Durg C.G. ... Respondent For Applicant : Shri R.S.Patel, Advocate. For Respondent/State : Shri Jitendra Shrivastava, GA. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/08/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.167/2025 registered at Police Station – Vaishali Nagar, Dist- Durg, C.G. for the offences punishable under Sections 420 & 120(b), 467, 468, 471 of IPC, 1860. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.24 12:50:16 +0530 2 2. Case of the prosecution, in brief, is that the complainant, Gyan Prakash Sahu, lodged a written complaint at Police Station Vaishali Nagar alleging that in January 2019, he was introduced to accused persons Uttam Kumar Sahu, Nikhil Chandrakar, Pawan Sahani, and Umesh Patel, who claimed to be operating a company named Infinox Capital, promising 10- 20% monthly returns through forex trading using Artificial Intelligence. On the assurance of doubling his investment, the complainant was induced to transfer a total amount of Rs.1,30,74,966 through various bank accounts and UPI transactions, and in cash, to the accused persons. Despite repeated requests, the amount was not returned. In 2022, the accused claimed to have launched another company, ROBOTRADESS FX LIMITED, and executed an agreement on 27.07.2023, again promising to return double the money, but failed to fulfill the promise. It is further alleged that the accused have defrauded several other individuals in a similar manner. Based on the complaint, Crime No. 167/2025 was registered at Police Station Vaishali Nagar for offences punishable under Sections 420, 120B, 467, 468, and 471 of the IPC. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that there is no seizure has been made from the present applicant. He would submit that the applicant has one criminal antecedent in which he has been granted bail by the 3 trial court. He would further submit that co-accused person namely Umesh Kumar Patel has been granted anticipatory bail by this court in MCRCA No.978/2025 on 07/07/2025 and also Pawan Kumar Sahni has been granted anticipatory bail by this court in MCRCA No.1074/2025 on 22/07/2025, therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail of the present applicant. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, material available on record, considering the fact that co-accused person namely Umesh Kumar Patel has been granted anticipatory bail by this court in MCRCA No.978/2025 on 07/07/2025 and also co-accused Pawan Kumar Sahni has been granted anticipatory bail by this court in MCRCA No.1074/2025 on 22/07/2025, further the fact that applicant has one criminal antecedent in which he has been granted bail by the trial court, therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Uttam Kumar 4 Sahu, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, 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 gouri