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2025 DAILYLAW 60891 (CHH)

TULESHWAR PRASAD SAHU v. STATE OF CHHATTISGARH

MCRC/9966/2025 · 2025-12-08

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Judgment text

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1 2025:CGHC:59796 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9966 of 2025 1 - Tuleshwar Prasad Sahu S/o Late Badriprasad Sahu Aged About 34 Years R/o Village Mahkam Chowki And Tahsil Sonakhan, P.S. Kasdol, District Balodabazar-Bhatapara (C.G.) 2 - Hemant Sahu S/o Late Badri Prasad Sahu Aged About 40 Years R/o Village Mahkam Chowki And Tahsil Sonakhan, P.S. Kasdol, District Balodabazar-Bhatapara (C.G.) ... Applicants versus State Of Chhattisgarh Through S.H.O. Police Station Gidhori Tundra, District Balodabazar-Bhatapara (C.G.) … Non-applicant For Applicants : Mr. Nishi Kant Sinha , Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. 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. 170/2025 registered at Police Station – Gidhauri Tundra District – Balodabazar-Bhatapara (C.G.) for the offence punishable under VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.10 13:26:28 +0530 2 Sections 318(4), 111 & 3(5) of the BNS. 2. The prosecution story in brief is that on between 31.03.2023 to 20.09.2024 complainant Deepak Kumar Dadsena came in contact of co-accused Ram Narayan 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 complainant. Hence the offence has been registered. 3. Learned counsel appearing for the applicant submits that the applicants are innocent and have been falsely implicated in the present case. He further submits that the present applicants are real brothers and have been made accused solely on the basis of their familial relationship with the accused Ramnarayan Sahu, being his cousins, and there is no direct allegation implicating them in the alleged offence. The applicants are family members of the co- accused and it appears they have been unnecessarily made accused to harass their family, whereas no involvement in cheating or any other offence has been attributed to them. 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 3 that between 31.03.2023 and 20.09.2024, the complainant, Deepak Kumar Dadsena, along with his friend Vijay Sharma, invested substantial amounts totaling Rs. 2,51,55,000/- with the applicants in a share trading scheme on the assurance that the amounts would be doubled. The applicants, however, allegedly failed to return the invested amounts, thereby committing the offence of cheating. In view of the seriousness of the allegations, the large sums involved, and the prima facie evidence on record, it is further submitted that the applicants have four previous criminal antecedents, 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 applicant, Deepak Kumar Dadsena, along with his friend Vijay Kumar Sharma, invested substantial amounts totaling Rs. 2,51,55,000/- with the accused Ramnarayan Sahu and his associates on assurances that the amounts would be doubled or tripled through a stock market scheme. The investigation reveals that the accused, in connivance with several others, including Atmaram Sahu, Hemant Kumar, Tuleshwar Prasad, Gulshan Sahu, Rupesh Sahu, Devnarayan Sahu, Anil Shankar Sahu, Diwakar Ausaria, Shweta Ausaria, Kusumrani, Janaki Devi Sahu, Anita Devi Sahu, Chandraprakash, Sampat Sahu, Liladhar Sahu, Dharnidhar Patel, Rajkumar, and Tulsinand Sahu, fraudulently obtained the said amounts in an organized manner. The statements of the 4 complainants and other victims were recorded, and bank details corroborate the transactions. The accused were arrested under Sections 418, 420, 409, 34 of the Indian Penal Code and Section 111 of the BNS Act and placed in judicial custody. Given the seriousness of the allegations, the organized and premeditated nature of the cheating, the large sums involved, and the fact that the investigation is ongoing, this Court finds no ground to extend the benefit of bail to the applicant. Accordingly, the bail application is rejected. 7. Accordingly, this bail application of applicants – Tuleshwar Prasad Sahu & Hemant Sahu involved in Crime No. 170/2025 registered at Police Station – Gidhauri Tundra District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 318(4), 111 & 3(5) of the 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/- Sd/- (Ramesh Sinha) Chief Justice vaibhav