1 2026:CGHC:7402 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10322 of 2025 Hirendra Kumar Sahu S/o Bhupendra Kumar Sahu Aged About 21 Years R/o Village Bilari, Police Station Shivrinarayan District- Janjgir-Champa C.G. ... Applicant versus State Of Chhattisgarh Through The Police Station Shivrinarayan District- Janjgir-Champa C.G. ... Non-applicant For Applicant : Mr. Basant Kaiwartya, Advocate. For Non-Applicant/State : Ms. Anusha Naik, Panel Lawyer. For Objector : Mr. Aishwarya Kumar Dubey, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.02.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 512/2025, registered at Police Station – Shivrinarayan District – Janjgir-Champa (C.G.) for the offence punishable under Sections 318(4) & 3(5) of the BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.11 10:40:23 +0530 2 2. The prosecution story in brief, is that it is revealed that Police Station Shivrinarayan has registered Crime No. 512/2025 under Sections 318(4) and 3(5) of the BNS, 2023 against accused Bhupendra Kumar Sahu and Hirendra Kumar Sahu on the basis of a report lodged by the applicant Rajesh Sahu. It has been alleged that accused Bhupendra Sahu, who runs a grocery shop and also deals in the business of buying and selling land, along with his son Hirendra Sahu, who is engaged in share market activities, induced the applicant to invest money on the assurance that the invested amount would be returned after 25 months at two and a half times along with interest. Acting upon such representation, between 30.11.2023 and 25.08.2024, the applicant deposited a total amount of Rs. 1,88,00,000/- on different dates in IDFC Bank Shivrinarayan account No. 10075174329, SBI account of Bhupendra Sahu, account No. 30597851265 of Pamgarh, IDFC Bank Shivrinarayan account No. 10142812280 of Hirendra Sahu and Axis Bank account No. 923020055859691, out of which Rs. 55,00,000/- was transferred online and Rs. 1,33,00,000/- was deposited in the aforesaid accounts. It is further alleged that the accused persons returned only Rs. 31,55,000/- and, with dishonest intention, refused to return the remaining amount of Rs. 1,56,45,000/-, thereby committing fraud, on the basis of which the aforesaid crime has been registered and investigation was taken up. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the instant case, and even if the entire prosecution story is accepted on its face value, no offence is made out against him under Sections 318(4) and 3(5) of the BNS, 3 2023. It is further submitted that the allegations levelled by the complainant are baseless and unsupported by any cogent evidence, and the prosecution has wrongly alleged that the present applicant committed fake signatures. The applicant is in judicial custody since 14.11.2025. It is also submitted that the applicant Hirendra Kumar Sahu is a college student pursuing second-year B.B.A. at Chouksey College and has no involvement in the alleged offence, and his bank account was being used only for transactions related to grocery business operations. In support of the application, the applicant has produced the original cheque issued to Hirendra Kumar Sahu by Chhotelal Yadav and Rohit, as well as a copy of the application dated 06.11.2025 submitted before the Superintendent of Police regarding alleged fraud and embezzlement of money by Chhotelal Yadav, Ramkumar Ohidas, Rajesh Sahu, Rohit Sahu, Lekhram Sahu and Mithlesh Sahu in the name of investment in the share market. It is further submitted that the applicant is a permanent resident of the address mentioned in the title, possesses immovable property there, and there is no likelihood of his absconding or tampering with prosecution witnesses. The applicant is ready to furnish adequate security and undertakes to abide by all the terms and conditions that may be imposed by this Hon’ble Court while granting bail. 4. On the other hand, learned State counsel as well as learned counsel for the objector opposed the bail application filed by the applicant and submitted that the charge-sheet has already been filed in the present case. 5. I have heard learned counsel for the parties and perused the case 4 diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and the fact that the applicant has no criminal antecedents, and further considering that the charge-sheet has already been filed before the competent Court and the applicant has been in custody since 14.11.2025, and that the trial is likely to take considerable time for its conclusion, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Hirendra Kumar Sahu, involved in Crime No. 512/2025, registered at Police Station – Shivrinarayan District – Janjgir-Champa (C.G.) for the offence punishable under Sections 318(4) & 3(5) of the BNS 2023, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he 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 applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the 5 date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant 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 applicant 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 him in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav