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2026 DAILYLAW 13324 (CHH)

RAMESHWAR SAHU @ RAMKESHWAR SAHU v. STATE OF CHHATTISGARH

MCRCA/173/2026 · 2026-02-02

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Judgment text

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1 2026:CGHC:6077 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 173 of 2026 • Rameshwar Sahu @ Ramkeshwar Sahu S/o Rambadan Sahu Aged About 46 Years R/o Village- Lakhanpur Police Station And Tahsil - Lakhanpur Distt- Surguja (C.G.) Permanent And Present Address- Village- Telaimuda Police Station And Tahsil- Ramanujnagar Distt- Surajpur (C.G.) (This Is The Frist Bail Application Of The Applicant Rameshwar Sahu @ Ramkeshwar Sahu S/o Shri Rambadan Sahu However Is Father Name Is Wrongly Mentioned As Nankaram Sahu In The Fir) (Further More According To The Fir The Anticipatory Bail Of Accused No.2 Has Been Granted By The Hon'ble High Court of C.G. M.Cr.C. (A) 1950/2025 ... Applicant versus • State of Chhattisgarh Through- Station - House Officer, Police Station- Surajpur, Distt- Surajpur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Ghanshyam Sharma, Advocate For Respondent/State : Ms. Anusha Naik, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03/02/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.594/2025 registered at Police Station – Surajpur, District: VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.04 16:57:39 +0530 2 Surajpur, C.G. for the offence punishable under Sections 420, 467, 468, 471, 34 of Indian Penal Code. 2. Case of the prosecution, in brief, is that the complainant Surendra and Ramsarivan lodged a complainant against the applicant that on the basis of forged documents he is doing the job of constable in place of his brother-in-law (Sala). The matter was enquired into by the Additional Superintendent of Police, Koriya and on allegation being proved, the applicant has been dismissed from service. Based on this, offence under sections 420, 467, 468, 471, 34 of Indian Penal Code {318(4), 338, 336(3), 340(2), 3(5) of BNS, 2023} have been registered against the applicant and the matter is still under investigation. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. It is further contended that the applicant has been serving as a Constable since the year 2006. A false complaint was made against him in the year 2009 before the Superintendent of Police, Surajpur, which was enquired into by the CSP, Surajpur, and the SDOP, Premnagar, District Surajpur. Upon due enquiry, the documents submitted by the applicant at the time of securing employment as a Constable were found to be genuine. Consequently, the applicant continued to discharge his duties until the year 2024, after which he was removed from service. A copy of the enquiry report dated 11.01.2011 is annexed herewith as Annexure A/3. Therefore, it is submitted that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail to 3 the applicant and submits that on the basis of forged documents he is doing the job of constable in place of his brother-in-law (Sala), therefore he is not entitled for grant of anticipatory bail. 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 allegations levelled against the applicant, the submissions made by learned counsel for the parties, and the material available on record, and further considering the fact that the applicant has already been removed from service, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant –Rameshwar Sahu @ Ramkeshwar Sahu on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The applicant 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 him from disclosing such fact to the Court. (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant 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 applicant and the surety shall submit a copy of their adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. 4 (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali