1 2026:CGHC:26664 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 623 of 2026 Shiv Sharma Alias Janmitra Sharma S/o Omprakash Sharma Aged About 40 Years R/o Khursipar Main Market, Bhilai District Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through SHO P.S.- Sarsiwan, District – Sarangarh- Bilaigarh (C.G.) ... Non-applicant For Applicant : Mr. Aman Pandey, Advocate. For Non-applicant/State : Mr. Soumya Rai, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.06.2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 389/2025 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), 3(5), 61, 249(2) and 238(b) of the BNS. 2. The prosecution story, in brief, is that one of the accused Shiva Sahu whose accounts were kept on hold on account of commission of the offence under CG Protection of Depositors Act in relation to FIR No. 131/2024 forged seal and documents and used the same for RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 withdrawing the amount of Rs. 10,00,000/-. The allegation against the applicant is that he helped the main accused in procuring the seal and other documents which were used for forging the bank documents. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case. It is further submitted that the applicant had purchased properties from the main accused Shiva Sahu and for that he had given Rs. 1,04,00,000/- to him through RTGS and cash, and the said amount was given by the applicant to Shiva Sahu and his allies mortgaging his gold with Manapuram finance and after withdrawing the amount from the said account the payments were made to the main accused Shiva Sahu between July, 2025 to November, 2025. After the said payments, father of Shiva Sahu and Shiva Sahu, through power of attorney transferred rights in relation to the properties to the applicant, however, after some time the applicant got to know that he said properties have already been confiscated by the orders of competent authorities as they were purchased out of proceeds of crime in Crime No. 131 of 2024. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the complainant made all his efforts to get back his money, however, the said accused Shiva Sahu threatened the complainant to falsely implicate him in commission of the offences where, Shiva Sahu was involved, therefore, the complainant filed a written complaint before the Police Station alleging that, the accused Shiva Sahu is refusing the repay the amount and is threatening the 3 falsely implicate the complainant in commission of the offence. Therefore, the subject crime has been registered against the applicant and other accused persons for the offence punishable under aforesaid Sections of the BNS, 2023 and the matter was taken into investigation. During investigation, it was revealed that, the present accused applicant Shiv Sharma in connivance with the other accused persons in the case, got made the fake seal and signature of the Police Station Sarsiwa (for attesting the documents) by forging the documents and has withdrawn the amount and has given the aforesaid fake seal and signature of the concerned Police Station Sarsiwa to the accused Shiva Sahu. During investigation, the memorandum statement of the arrested accused Shiva Sahu has duly been recorded in front of the relevant witnesses wherein, he has categorically deposed the fact that, the present accused applicant Shiv Sharma has assured the accused Shiva Sahu to de-freeze his all properties, which was seized in connection with the Crime No. 131/2024, registered at Police Station Sarsiwa, District Sarangarh Bilaigarh. Therefore, the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, it transpires that the applicant had purchased properties from the main accused Shiva Sahu and for that he had given Rs. 1,04,00,000/- to him through RTGS and cash, and the said amount was given by the applicant to Shiva Sahu and his allies mortgaging his gold with Manapuram finance and after 4 withdrawing the amount from the said account the payments were made to the main accused Shiva Sahu between July, 2025 to November, 2025. After the said payments, father of Shiva Sahu and Shiva Sahu, through power of attorney transferred rights in relation to the properties to the applicant, however, after some time the applicant got to know that he said properties have already been confiscated by the orders of competent authorities as they were purchased out of proceeds of crime in Crime No. 131 of 2024, hence, the case of the applicant is distinguishable from the case of the main co-accused Shiva Sahu, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Shiv Sharma Alias Janmitra Sharma, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall 5 be verified by the trial Court. (e)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar