Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 18740 (CHH)

KAMALKISHORE SAHU v. STATE OF CHHATTISGARH

MCRCA/446/2026 · 2026-03-23

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:14102 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 446 of 2026 • Kamalkishore Sahu S/o B.L. Sahu Aged About 35 Years R/o Kanchanganga, Phase- 2, D.D. Nagar Nagar, Raipur, District Raipur (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through The Station House Officer, Police Of Police Station Saraswati Nagar, Raipur, District Raipur (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Anil Gulati, Advocate For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 24.03.2026 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 105/2017, registered at Police Station – Sarawati Nagar, District- Raipur (C.G.) for the alleged commission of offence punishable under Section 420 of IPC. 2. As per the prosecution’s case, in short, is that the FIR was lodged by the complainant Manoj Kumar Sahu to the Police alleging inter-alia that she is preparing for PSC and in the year 2014, he came into the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.03.27 14:39:21 +0530 2 contact of applicant who cheated him and Yashwant Yadav for providing the job on the post of Mining Inspector and to his friend to the Post of Hostel Superintendent and he demanded sum of Rs.78 Lakhs from them. The complainant shown his inability to provide such huge amount and thereafter the complainant paid sum of Rs.2,30,000/- from SBI Net Banking and sum of Rs.1,20,000/- cash and when the result of Mining Officer were declared his name was missing and when contacted the applicant, the applicant assured him that he will be joined a post sooner and when the money was demanded back by the complainant, the applicant gave him a cheque and similarly the present applicant obtained the money from the friend of informant i.e. Yashwant, a sum of Rs.1,70,000/- and since the money was not returned by the applicant the FIR was lodged by the complainant on 04.08.2017 against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is argued by learned counsel for the applicant that applicant borrowed the money for the purpose of his work, but when the applicant failed to return the money, the FIR has been lodged by the complainant Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, the learned State counsel opposed the submission made by the learned counsel for the applicant, submitting that FIR of the incident was registered on 04.08.2017 and the charge-sheet has been submitted against the applicant as an absconder and charge sheet was filed showing him as absconding. He further submits that the applicant has been absconding since the date of registration of the offence. She also submits that applicant taken money from the complainant on the pretext of providing job 3 and he has two criminal antecedent, and both are mentioned in the bail application at paragraph No.4, it appears that applicant is a habitual offender therefore, the applicant is not entitled for grant of anticipatory bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, and the fact that as the matter pertains to the year 2017 and the applicant has been absconding since the incident took place and there is every likelihood, that if he is granted bail, he will abscond again, and further, hamper the trial, therefore, I am not inclined to grant regular bail to the present applicant. 7. Accordingly, the anticipatory bail application of the applicant – Kamalkishore Sahu, involved in Crime No.105/2017, registered at Police Station – Sarawati Nagar, District- Raipur (C.G.) for the alleged commission of offence punishable under Section 420 of IPC, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaishali