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2025 DAILYLAW 56245 (CHH)

HEMANT SAHU v. STATE OF CHHATTISGARH

MCRC/8626/2025 · 2025-12-08

body2025

Judgment text

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1 2025:CGHC:59792 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8626 of 2025 1 - Hemant Sahu S/o Late Badriprasad Sahu Aged About 40 Years, 2 - Rupesh Sahu S/o Dwarika Prasad Sahu Aged About 29 Years Both R/o Village Mahkam Chowki And Tahsil Sonakhan, P.S. Kasdol, District Balodabazar-Bhatapara, Chhattisgarh. ...Applicants versus State Of Chhattisgarh Through S.H.O. Police Station Kasdol, District Balodabazar-Bhatapara, Chhattisgarh. ... Respondent For Applicants : Shri Nishi Kant Sinha, Advocate. For Respondent/State : Shri Jitendra Shrivastava, GA. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 09.12.2025 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 applicants arrested in connection with Crime No. 433/2025 registered at Police Station – Kasdol, District Balodabazar- Bhatapara, Chhattisgarh. for the offence punishable under sections GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.12.12 17:38:30 +0530 2 420, 409, 418, 34 of I.P.C & 111 of BNS. 2. The prosecution story, in brief is that on 25.07.2023 complainant Chhedilal Sahu went to the house of the applicants to meet Ramnarayan Sahu and his son Gulshan Sahu and during that he was offered to invest in share trading to double the amount invested, On such assurance the complainant invested Rs. 20,00,000/-through RTGS and rest amount in cash, total sum of Rs. 39,10,000/- was invested to be doubled in period of two years, but applicants did not returned the amount thereby committed cheating with the complainant. Hence the offence has been registered 3. Learned counsel appearing for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. He would submit that the present applicants have been made accused only of the basis of the factual backdrop that the applicants are the real brother son, cousin brother and son-in- law of the accused named Ramnarayan Sahu respectively. He would submit that the applicants are family members of the co- accused persons, and therefore have been made accused just to harass the applicant's family, whereas no allegation of involvement in cheating has been attributed to the applicants. It is further submitted that the applicants have been in judicial custody since 12/08/2025, it is respectfully prayed that the applicants may be released on bail. 4. Learned State Counsel opposes the bail application and submits that the applicants in connivance with the co-accused induced the 3 complainant, Chhedilal Sahu, to invest a total sum of Rs. 39,10,000/- on the false assurance that the amount would be doubled within two years, and despite receiving Rs. 20,00,000/- through RTGS and the remaining amount in cash, the applicants neither returned the money nor provided any returns, thereby dishonestly cheated the complainant. In view of the seriousness of the allegations, the large sums involved, and the prima facie evidence on record, therefore, they are not entitled to the benefit of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and upon perusal of the case diary, it is evident that the applicants, in connivance with the co-accused, induced the complainant to invest a substantial sum of Rs. 39,10,000/-, out of which Rs. 20,00,000/- was transferred through RTGS and the remaining was paid in cash on the false assurance of doubling the amount, and thereafter failed to return the money, thereby prima facie committed a serious offence of cheating, considering the seriousness of the allegations, the organized and premeditated nature of the cheating, the large sums involved, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 7. Accordingly, this bail application of applicants – Hemant Sahu & Rupesh Sahu involved in Crime No. 433/2025 registered at Police 4 Station – Kasdol, District Balodabazar-Bhatapara, Chhattisgarh. for the offence punishable under sections 420, 409, 418, 34 of I.P.C & 111 of BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial 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/-d (Ramesh Sinha) Chief Justice gouri