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2026 DAILYLAW 16083 (CHH)

KHEMAN LAL SAHU v. STATE OF CHHATTISGARH

MCRC/232/2026 · 2026-01-30

body2026

Judgment text

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1 2026:CGHC:5611 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 232 of 2026 Kheman Lal Sahu S/o Komal Das Sahu Aged About 23 Years R/o Village- Korratola, Thana- Gaindatola, District- Rajnandgaon (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Mohla District- Mohla-Manpur-Ambagarh Chowki (C.G.) ... Respondent For Applicant : Shri Anurag Verma, Advocate. For Respondent/State : Ms. Anusha Naik, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.19/2025 registered at Police Station Mohla, District : Mohla- Manpur-Ambagarh Chowki (C.G.) for the offence punishable under Sections 317 (2), 317 (4), 318 (4),111 & 61 (2) (a) of BNS & Section 66(D) of I.T. Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.02 17:26:58 +0530 2 2. As per the case of the prosecution, allegation against the accused is that in his mule account from 01.01.2024 to 31.12.2024, he had opened a total of 4 accounts of branch of Axis bank and 1 account of HDFC bank and received Rs.15,04,251/- through cyber fraud and transferred the alleged amount to other states. On the said information, Police Station Mohla, District - Mohla-Manpur-Ambagarh Chowki (C.G) registered the F.I.R. for the offence punishable under Sections 317 (2), 317 (4), 318 (4),111 & 61 (2) (a) of BNS & Section 66(D) of I.T. Act against the applicant along with other accused persons bearing Crime No. 19/2025 on the basis of report of the complainant. Thereafter, the applicant was arrested by the police authorities on 13.06.2025. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated merely on suspicion. He would submit that as per his memorandum statement, in the year 2024 he came in contact with one Yash Kumar, Manager of Axis Bank, who used to get bank accounts opened through the applicant and others and used to take the ATM card, passbook and SIM after opening of the accounts. The applicant was paid a small commission for arranging account opening strictly as per the instructions of Yash Kumar and had no knowledge whatsoever about any subsequent misuse of the said accounts or their use in the alleged crime. He would submit that co- accused Bhirendra Sahu has been granted bail by this Court in MCRC No. 7152 of 2025 on 07/11/2025. He would further submit that the charge sheet has been filed in this case, the applicant is in jail since 13/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application 3 and she would submit that charge sheet has been filed in this case before the competent court but she do not dispute the fact that co- accused Bhirendra Sahu has been granted bail by this Court in MCRC No. 7152 of 2025 on 07/11/2025. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, further the fact that co- accused Bhirendra Sahu has been granted bail by this Court in MCRC No. 7152 of 2025 on 07/11/2025, period of detention of the applicant since 13/06/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Kheman Lal Sahu, involved in Crime No.19/2025 registered at Police Station Mohla, District : Mohla-Manpur-Ambagarh Chowki (C.G.) for the offence punishable under Sections 317 (2), 317 (4), 318 (4),111 & 61 (2) (a) of BNS & Section 66(D) of I.T. Act, 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, it shall be open for the trial court to treat it as abuse of 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri