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2026 DAILYLAW 10657 (CHH)

CHANDRAKALA SAHU v. STATE OF CHHATTISGARH

MCRC/10464/2025 · 2026-02-05

Shri Parth Prateem Sahu

body2026

Judgment text

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1 / 3 2026:CGHC:6876 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10464 of 2025 1. Chandrakala Sahu W/o Tikaram Sahu Aged About 47 Years R/o Village Raikona P.S. Sarsiva District Sarangarh Bilaigarh (C.G.) 2. Dharmesh Sahu S/o Purshottam Sahu Aged About 27 Years R/o Village Raikona Ps Sarsiva District Sarangarh Bilaigarh (C.G.) ... Applicants versus • State Of Chhattisgarh Through Station House Officer Police Station Sarsiva District Sarangarh Bilaigarh (C.G.) ... Respondent For Applicants : Mr. Aman Pandey, Advocate For Respondent-State For Objector : : Ms. Shailja Shukla, Govt. Advocate Mr. Sunil Sahu, Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 06/02/2026 1. Applicants have filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as they have been arrested in connection with Crime No. 131 of 2024 registered at Police Station – Sarsiva, District Sarangarh-Bilaigarh (C.G.) for offence punishable under Sections 420, 409, 406, 120-B, 34 of IPC and Section 6, 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005. 2. Case of prosecution in brief is that applicants contacted complainant Saurabh Agrawal, Vishwajit Khandekar, Tarun Sahu, Deepak Agrawal, Kamal Pradhan and informed them that as per scheme, Shiva Sahu accepting deposit of PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 amount and returning back double the amount within 8 months and monthly return of the amount at the rate of 30%. Relying upon the words of applicants, complainants approached Shiva Sahu discussed with him and thereafter as per whatsapp chat, they handed over a total sum of Rs.2 Crore in cash to Jhagesh Sahu. However, after some time when they realized that they had been cheated, report was lodged in concerned police-station. 3. Learned counsel for applicant submits that according to the complaint and the police case, one Shiva Sahu is the main accused. Applicant No. 1 is mother of Shiva Sahu and Applicant No. 2 is a distant relative. After investigation police have initially filed charge-sheet on 12.09.2024 in which name of applicants have not been mentioned as accused and subsequently they have been implicated. He also submits that most of the co-accused persons have already been enlarged on bail by this Court including main accused Shiva Sahu in MCRC No. 8993/2024, MCRC No. 4389/2024, MCRC No. 4165/2024 MCRC No. 4246/2024. Therefore, applicants may also be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicants and further submits that there are allegation against applicants also of their involvement in commission of crime. She however does not dispute the submission of learned counsel for applicants with regard to release on bail of other co-accused persons including the main accused. 5. Learned counsel for the objector also raises objection in grant of bail to applicants. 6. I have heard learned counsel for the parties and perused the documents placed on record. 7. Taking into consideration facts and circumstances of the case, nature of allegation, submission made by learned counsel for the parties that the co- accused persons have already granted bail by the co-ordinate Bench of this Court in MCRC No. 8993/2024, MCRC No. 4389/2024, MCRC No. 4165/2024 3 / 3 MCRC No. 4246/2024 without commenting anything on merits of the case, I am inclined to allow this application. 8. Accordingly, bail application is allowed. It is directed that the applicants shall be released on regular bail, upon each of them furnishing bail bond in the sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that- (a) The applicants 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. (b) The applicants 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 him under Section 269 of Bharatiya Nyaya Sanhita. (c) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicant 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. (d) The applicants 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 of the applicants is 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. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Parth Prateem Sahu) pwn JUDGE