Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:59793
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8631 of 2025 1 - Rupesh Kumar Sahu S/o Dwarika Prasad Sahu Aged About 29 Years, 2 - Tuleshwar Prasad Sahu S/o Late Badri Prasad Sahu Aged About 34 Years, Both R/o Village Mahkam, P.S. Kasdol, Police Chowki Sonakhan, District Baloda Bazar- Bhatapara (C.G)
... Applicants versus State Of Chhattisgarh Through S.H.O Police Station Kasdol District Balodabazar- Bhatapara (C.G)
... Respondent For Applicants : Shri Nishikant Sinha, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A.
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. 378/2025 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.12.12 17:38:30 +0530
2 registered at Police Station – Kasdol District Balodabazar- Bhatapara (C.G) for the offence punishable under sections 420, 409, 418, 34 of I.P.C (Section 111 of B.N.S. added in Final Report).
2. The prosecution story, in brief is that 25.08.2023 complainant Gopal Prasad Dewanagan went to the house of the applicants to meet Ramnarayan Sahu and his son Gulshan Sahu for work of Steel railing and during that he was offered to invest in share trading to double the amount invested, On such assurance the applicant gave Cash of Rs. 5,25,000/- and gave Gopal Prasad Sahu sum of Rs. 19,43,000/- through Cash and IMPS and further invested through his friend Rajesh Kumar Dewangan Rs.20,00,000/-though Cash and IMPS several dates, therefore total sum of Rs.40,82,000/- was invested to be doubled in period of two years, and 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 present applicants have been made accused only of the basis of the factual backdrop that the applicant no. 1 is the cousin & applicant no. 2 real brother of the accused named Ramnarayan Sahu respectively. However there is no allegation on the present applicant to be involved in the aforementioned offence. He would submit that the applicants are family members of the co-accused persons, and therefore have been made accused just to harass the
3 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 28/06/2025, 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 complainant to invest a total sum of Rs.40,82,000/- on the false assurance that the amount would be doubled within two years, and despite receiving the amount, 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 total Rs.40,82,000/- 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
4 bail. 7. Accordingly, this bail application of applicants – Rupesh Kumar Sahu & Tuleshwar Prasad Sahu involved in Crime No. 378/2025 registered at Police Station – Kasdol District Balodabazar- Bhatapara (C.G) for the offence punishable under sections 420, 409, 418, 34 of I.P.C (Section 111 of B.N.S. added in Final Report), 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. /- SSd/- (Ramesh Sinha) Chief Justice
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