Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 15456 (CHH)

HEMANT KUMAR SAHU v. STATE OF CHHATTISGARH

MCRC/656/2026 · 2026-01-18

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:3080 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 656 of 2026 • Hemant Kumar Sahu S/o Late Shri Parmeshwar Sahu Hirwani Aged About 37 Years R/o House No. 214, Infront Of Shubham K Market, Sarona Chowk, Police Station- Amanaka Raipur, District : Raipur, Chhattisgarh ... Applicant versus • State of Chhattisgarh Through - S H O Police Station Utai, District : Durg, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Avinash Chand Sahu, Advocate For Respondent/State : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 466/2025, registered at Police Station – Utai, District – Durg (C.G.) for the offence punishable under Sections 420, 120-B, 34 of the IPC. 2. The case of the prosecution, is that complaint that the complainant, Riti Das Lehra, submitted a written complaint on 18.11.2025, stating that she is very well known to one Bisesar Makanda @ Gupta, who VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.20 17:06:32 +0530 2 used to frequently visit her house. She alleged that the said arrange accused assured her that he would employment for her near and dear ones in the Railway Mal Godown. It is further alleged that on 24.12.2022, the main accused collected documents of certain candidates and on his assurance, the complainant and other persons paid money to him. According to the complaint, a total amount of Rs.33,50,000/- was allegedly collected by the main accused from various persons. It is further alleged that when the accused failed to provide employment and the persons concerned demanded the return of their money, the main accused called the present applicant and some other persons. It is alleged that during the said conversation, the present applicant told the main accused not to return any money to the complainant or other persons. On the basis of this allegation alone, the present applicant has been implicated in the present case, hence this bail application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no allegation upon the applicant for demanded money from the persons for providing them employment, not even a single rupee is alleged to have been paid to the present applicant. He also submits that main allegation levelled against the co-accused namely Bisesar Makanda @ Gupta. It is further submits that there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 21.11.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents 3 registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that main accused namely Bisesar Makanda @ Gupta collected documents of certain candidates and on his assurance, the complainant and other persons paid money to him. According to the complaint, a total amount of Rs.33,50,000/- was allegedly collected by the main accused from various persons. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, there is no allegation levelled against the present applicant regarding demanded money from complainant or other persons for providing them employment, charge-sheet has been filed against the applicant, the applicant is in jail since 21.11.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. 7. Let applicant, Hemant Kumar Sahu, involved in Crime No. 466/2025, registered at Police Station – Utai, District – Durg (C.G.) for the offence punishable under Sections 420, 120-B, 34 of the IPC, be released on bail on his furnishing a personal bond with two 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, 4 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 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali