1 2026:CGHC:23891 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2415 of 2026 Chandrahas Sahu S/o Dashrath Sahu, Aged About 49 Years R/o Village Tata, Police Station And Tahshil Sarsiwa District- Sarangarh - Bilaigarh (C.G.) ... Applicant versus State Government Through Police Station Sarsiwa District- Sarangarh - Bilaigarh (C.G.) ... Non-Applicant For Applicant : Mr. Amit Kumar, Advocate For Non-Applicant/State : Mr. Shaleen Singh Baghel, Govt. Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.06.2026 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. 390/2025 registered at Police Station- Sarsiwan, District- Sarangarh-Bilaigarh, (C.G.) for the offence punishable under Sections 318(2), 336(3), 336(4), 338, 340(2), 341(1), 341(2), and 3(5) of of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that in connection with Crime No.131/2024 registered at Police Station Sarsiwa for the offences RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 punishable under Sections 420, 406, 409, 120-B and 34 of the IPC and Sections 6 and 10 of the Chhattisgarh Depositors’ Interest Protection Act, 2005, certain bank accounts of accused Shiva Sahu and Ritu Sahu maintained with HDFC Bank were placed under hold during the course of investigation. As per the allegations reflected in the case diary, an amount of Rs.21,08,722/- lying in one such account was subsequently withdrawn on the basis of an application allegedly bearing a forged seal and forged signature of the Station House Officer, Police Station Sarsiwa. It is alleged that the forged application and related documents were prepared and submitted before the concerned bank for the purpose of removing the hold from the account, whereafter the entire amount was withdrawn and handed over to accused Shiva Sahu. The prosecution further alleges that the present applicant, being the father of co-accused Ritu Sahu, was a party to the conspiracy for facilitating withdrawal of the amount which was otherwise subject to investigation in the aforesaid crime. The account details and the memorandum statement of the applicant, forming part of the case diary, prima facie indicate his involvement in the alleged offence. The applicant was thereafter arrested in connection with the present case. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant has neither prepared nor used any forged document or electronic record for any fraudulent purpose. He further submits that no bank account belonging to the applicant was 3 ever placed under hold by the police and no suspicious or incriminating transaction has been traced to or carried out through the applicant’s bank account. It is also submitted that the applicant has been implicated solely on account of his relationship with co- accused Shiva Sahu, who is an accused in Crime No.131/2024, and that there is no independent material on record establishing the applicant’s involvement in the alleged offence. He further submits that the applicant has no previous criminal antecedents, the charge- sheet has been filed, he is in jail since 28.12.2025, and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed before the competent Court. He further submits that the material collected during investigation, including the memorandum statement of the applicant and other documents forming part of the case diary, prima facie indicates his involvement in the alleged conspiracy relating to the withdrawal of the amount from the account which had been placed under hold. It is submitted that the applicant’s involvement is not based merely on his relationship with the co-accused, but on the material gathered during investigation. Considering the nature and gravity of the offence, the material collected during investigation and the applicant’s involvement therein, it is prayed that the applicant does not deserve the benefit of bail and the application is liable to be rejected. 4 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 that thought the allegations against the applicant are that the applicant actively facilitated the amount from an account which had been placed under hold in connection with a criminal case on the basis of forged and fabricated documents, but it is to be noted that the applicant is in jail since 28.12.2025, the charge-sheet has already been filed before the competent Court, he has no previous criminal antecedents, and the trial is likely to take considerable time for its conclusion. Therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let the applicant - Chandrahas Sahu, involved in Crime No. 390/2025 registered at Police Station- Sarsiwan, District- Sarangarh- Bilaigarh, (C.G.) for the offence punishable under Sections 318(2), 336(3), 336(4), 338, 340(2), 341(1), 341(2), and 3(5) of of the Bharatiya Nyaya Sanhita, 2023, 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 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan