1 2026:CGHC:55 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1979 of 2025 1. Yogesh Kumar Sahu S/o Rajendra Kumar Sahu Aged About 35 Years R/o - House No. 21, Hathkhoj Para, Ward No. 14, Utai P.S. - Utai Tehsil and District - Durg (C.G.) 2. Smt. Megha Sahu W/o Yogesh Kumar Sahu Aged About 25 Years R/o - House No. 21, Hathkhoj Para, Ward No. 14, Utai P.S. - Utai Tehsil and District - Durg (C.G.) 3. Gaurav Sana S/o Sunder Kumar Sana Aged About 47 Years R/o - Plot No. - 203, Block - B, Deep Heritage, Borsi Bhilai Tehsil and District - Durg (C.G.) ... Applicants versus State of Chhattisgarh Through Station House Officer, Police Station - Supela, District - Durg (C.G.) ... Non-Applicant For Applicants : Mr. Sanjay Agrawal, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.01.2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 1373/2025 registered at Police Station – Supela, District - Durg (C.G.) for the offence punishable under Sections 318(2), 318(4), 61(2) and 111(4) of Bharatiya PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.01.03 14:27:21 +0530 2 Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant, Prince Chandrakar, lodged a First Information Report (F.I.R.) on 19/11/2025 alleging that applicant No. 1, Yogesh Sahu, is the Director of Arena Capital, situated at Smriti Nagar, Supela. Applicant No. 2 is the Manager (Collection), and applicant No. 3 is one of the collecting agents of the said trading business. It is alleged that the applicants, in furtherance of their common intention, induced the complainant to invest money by promising high returns and doubling of the invested amount, thereby defrauding him. The complainant stated that he began depositing money on 26/10/2023. Initially, he deposited Rs.16,38,000/- into ICICI Bank Account No. 019405006486 and Rs.40,000/- into SBI Account No. 04355825929. Subsequently, an amount of Rs.56,38,000/- was deposited into ICICI Bank Account No. 084151000190 belonging to the applicants. The complainant further stated that he received profits amounting to Rs.8,00,000/- during the months of January and February. Thereafter, on further inducement by the applicants, the complainant deposited an additional amount of Rs.21,00,000/- and Rs.56,38,000/- from the account of Yatindra Chandrakar, totaling Rs.77,38,000/-. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is submitted that there is vast delay in lodging the FIR as the date of incident is of the year 2023 and after delay of more than two years which has not been explained by the complainant. He further submitted that the applicants have deposited sum of Rs. 90,86,667/- into the account of complaint at different dates which is the profit amount received by the complainant as investment which the complainant invested which was total sum of Rs. Rs. 77,38,000/- which shows that the complaint has 3 received extra amount which he invested. He also submitted that applicant No. 1 has three criminal antecedents in Crime No. 19/2025 registered at P.S. Dongargarh, District- Rajnandgaon (C.G.), in Crime No. 314/2024 registered at P.S. Basantpur District- Rajnandgaon (C.G.) and in Crime No. 03/2025 registered at P.S.- Dongargaon District- Rajnandgaon (C.G.) and in all the cases applicant No. 1 is on bail. Copy of bail orders are annexed as ANNEXURE A-4 and applicant Nos. 2 and 3 have no previous criminal antecedents. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposed the bail application and submitted that the applicants have five criminal antecedents, including the present case. One of the criminal antecedents of the applicants has not been explained; therefore, the applicants are not entitled to the grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicants, and the fact that there is a substantial delay in lodging the FIR inasmuch as the alleged incident pertains to the year 2023 and the FIR was lodged after a delay of more than two years, which has not been explained by the complainant, further considering the fact that the applicants have deposited a sum of Rs.90,86,667/- into the account of the complainant on different dates, which represents the profit amount received by the complainant on his investment, the complainant had invested a total sum of Rs.77,38,000/-, which shows that he has received an amount in excess of the invested sum, so far as the criminal antecedents of applicant No. 1 is concerned, 4 he has three criminal antecedents and, in all such cases, he is already on bail and applicant Nos. 2 and 3 have no previous criminal antecedents, hence, this Court is of the view that the applicants are entitled to be granted anticipatory bail in the present case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant Nos. 1, 2, 3 – Yogesh Kumar Sahu, Smt. Megha Sahu and Gaurav Sana on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) The Applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such fact to the Court. (b) The Applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicants shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d)The Applicants and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicants shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti