1 2025:CGHC:59794 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8595 of 2025 1 - Devnarayan Sahu S/o Late Badri Prasad Sahu Aged About 42 Years 2 - Janki Sahu W/o Devnarayan Sahu Aged About 42 Years, 3 - Anita Devi Sahu W/o Ramanarayan Sahu Aged About 47 Years, 4 - Kumari Kusum Rani Sahu D/o Ramanarayan Sahu Aged About 23 Years, 5 - Rupesh Sahu S/o Dwarika Prasad Sahu Aged About 29 Years, All R/o Village Mahkam Chowki And Tehsil Sonakhan, P.S Kasdol District Balodabazar- Bhatapara (C.G) 6 - Anil Shankar Sahu S/o Dwarika Prasad Sahu Aged About 34 Years R/o Village Lacchanpur, P.S. Janjgir, District Janjgir-Champa (C.G.) ... Applicants versus State Of Chhattisgarh Through S.H.O Police Station Gidhouri Tundra District Balodabazar- Bhatapara (C.G) ... Respondent For Applicants : Shri Nishi Kant Sinha, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.12.10 11:54:13 +0530 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/12/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No.170/2025 registered at Police Station Gidhouri Tundra District Balodabazar- Bhatapara (C.G) for the offence punishable under Sections 318 (4), 3 (5), 111 of BNS. 2. Case of the prosecution, in brief, is that it is alleged that between 31.03.2023 to 20.09.2024 complainant Deepak Kumar Dansena came in contact of co-accused 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. 1,58,45,000/ and his friend Vijay Sharma invested 93, 10,000/- through cash and transferred in bank account of Devnarayan 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 for the applicants submits that the applicants have falsely been implicated in the aforesaid crime. He would submit that applicants No.2, 3 and 4 are the wife, daughter and sister in law of the accused named Ramnarayan Sahu. He would submit that the applicants No. 2, 3 and 4 are ladies and applicant-No. I is disabled by left Leg. He would submit that apart from present offence the applicants have 4 more similar offence registered in police station Kasdol bearing Crime no. 470/25, 378/25, 433/25, 430/25 u/s 420, 409, 3 418, 34 of I.P.C and corresponding sections of B.N.S against them in which the Court has granted bail to applicants no. 2,3 & 4 vide M.Cr.C. No. 7038/2025, M.Cr.C. No. 7007/2025, M.Cr.C. No.7004/2025, M.Cr.C. No. 6996/2025. He would submit that the charge sheet has been filed in this case, the applicants are in jail since 01/09/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. He would submit that there are four criminal antecedents of the applicants of the similar nature. He would submit that investment of huge amount of Rs.1,58,45,000/ and Rs.93, 10,000/- in share trading is involved in the present case which was obtained by the applicant and other co-accused persons from the complainant and his friend with a promise of doubling their money and they failed to return the money and cheated them and it is an organized crime, therefore applicants are not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicants No.1, 5 and 6 and they are involved in four cases of similar nature, further considering the fact that investment of huge amount of Rs.1,58,45,000/ and Rs.93,10,000/- in share trading is involved in the present case which was obtained from the complainant and his friend with a promise of 4 doubling their money and accused persons failed to return the money and cheated them and it is an organized crime, therefore this Court is of the view that the applicants No.1, 5 and 6 are not entitled to be released on bail in this case. 7. Accordingly, the bail application of applicants No.1, 5 and 6 namely Devnarayan Sahu, Rupesh Sahu & Anil Shankar Sahu involved in Crime No.170/2025 registered at Police Station Gidhouri Tundra District Balodabazar- Bhatapara (C.G) for the offence punishable under Sections 318 (4), 3 (5), 111 of BNS, is rejected. 8. Whereas in respect of applicants No.2, 3 and 4 namely Janki Sahu, Anita Devi Sahu & Kumari Kusum Rani Sahu, considering the fact that they are ladies and they have been granted bail by this Court in other crime numbers vide M.Cr.C. Nos.7038/2025, M.Cr.C. No.7007/2025, M.Cr.C. No.7004/2025, M.Cr.C. No. 6996/2025, further considering the period of detention of the applicants No.2, 3 and 4 since 01/09/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicants No.2, 3 and 4 namely Janki Sahu, Anita Devi Sahu & Kumari Kusum Rani Sahu are entitled to be released on bail in this case. 9. 9. Accordingly, the bail application in respect of applicants No.2, 3 and 4 namely Janki Sahu, Anita Devi Sahu & Kumari Kusum Rani Sahu is allowed and it is directed that the applicants No.2, 3 and 4 namely Janki Sahu, Anita Devi Sahu & Kumari Kusum Rani Sahu, involved in Crime No.170/2025 registered at Police Station Gidhouri Tundra District Balodabazar- Bhatapara (C.G) for the offence 5 punishable under Sections 318 (4), 3 (5), 111 of BNS, be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants No.2, 3 and 4 shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicants No.2, 3 and 4 shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants No.2, 3 and 4 misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants No.2, 3 and 4 fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants No.2, 3 and 4 shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence 6 of the applicants No.2, 3 and 4 are deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri