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2026:CGHC:14242
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2405 of 2026 Hemlal Sahu S/o Dinbandhu Sahu Aged About 50 Years R/o Village Raykona, Police Station And Tahshil Sarsiwa, District- Sarangarh- Bilaigarh (C.G.)
... Applicant (s) versus State Of Chhattisgarh Through Police Station- Sarsiwa, District Sarangarh- Bilaigarh (C.G.)
... Respondent(s) For Applicant : Mr. Amit Kumar, Advocate For State : Mr. Ajay Kumrani, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge
Order On Board 24/03/2026
1. Applicant has filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 131 of 2024 registered at Police Station – Sarsiva, District Sarangarh-Bilaigarh (C.G.) for offence punishable under Sections 420, 409, 406, 120-B, 34 of IPC and Section 6, 10 of the Chhattisgarh Protection of Depositors Interest Act,
2005. Digitally signed by PRAVEEN KUMAR SINHA Date: 2026.03.25 18:35:36 +0530
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2. Case of prosecution in brief is that applicant along with other co- accused persons contacted complainant Saurabh Agrawal, Vishwajit Khandekar, Tarun Sahu, Deepak Agrawal, Kamal Pradhan and informed them that as per scheme, one Shiva Sahu accepting deposit of amount and returning back double the amount within 8 months and monthly return of the amount at the rate of 30%. Relying upon the words of applicant and other co-accused, complainants approached Shiva Sahu discussed with him and thereafter as per whatsapp chat, they handed over a total sum of Rs.2 Crore in cash to Jhagesh Sahu. However, after some time when they realized that they had been cheated, report was lodged in concerned police-station.
3.
Learned counsel for applicant submits that according to the complaint and the police case, one Shiva Sahu is the main accused. Applicant has been falsely implicated in the crime. After investigation, police have initially filed charge-sheet on 12.09.2024 in which name of applicant has not been mentioned as accused and subsequently he has been implicated. He also submits that most of the co-accused persons have already been enlarged on bail by this Court including main accused Shiva Sahu in MCRC No. 8993/2024, MCRC No. 4389/2024, MCRC No. 4165/2024 MCRC No. 4246/2024 and MCRC No.10464 of 2025. Therefore, applicant may also be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant and further submits that there is allegation against applicant also of his involvement in commission of crime. However, he does not dispute the submission of learned counsel for the applicant that case of applicant is identical to case of Shiva Sahu, the other co-accused who has already been enlarged on bail. 3 / 4
5. I have heard learned counsel for the parties and perused the documents placed on record. 6. Taking into consideration facts and circumstances of the case, nature of allegation, submission made by learned counsel for the parties that the co-accused persons have already granted bail in MCRC No. 8993/2024, MCRC No. 4389/2024, MCRC No. 4165/2024, MCRC No. 4246/2024 and MCRC No.10464 of 2025 without commenting anything on merits of the case, I am inclined to allow this application. 7. Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail on his furnishing bail bond in the sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that- (a) The applicant shall file an undertaking to the effect that they 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. (b) 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. (c) 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 them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (d) 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. 4 / 4
8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Parth Prateem Sahu) JUDGE Praveen