1 2026:CGHC:26666 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 796 of 2026 Jitendra Kumar Sahu S/o Resham Lal Sahu Aged About 44 Years Address Dharm Das Chandra, Rani Sagar, Sarangarh, District Sarangarh-Bilaigarh, Chhattisgarh 496445 Permanent Address Manoj Kirana Stores, Near Azad Chowk, Post Marda, Tehsil And Distt. Baloda Bazaar-Bhatapara Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Sarsiwan, District – Sarangarh- Bilaigarh, Chhattisgarh. ... Non-applicant For Applicant : Mr. Rajeev Shrivastava, learned Senior Advocate assisted by Mr. Rishabh Mishra and Ms. Richa Patel, Advocates. 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) and 3(5) of the BNS. 2. The prosecution story, in brief, is that an offence was registered against the accused, Shiva, along with his associates, for allegedly defrauding approximately 400–500 investors of nearly Rs.30–35 crores. It is alleged that the accused purchased land, vehicles, gold, silver, and other assets in the names of his parents, fiance, and other persons RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 using the proceeds of the fraud. In connection with the investigation, an amount of approximately Rs.10 lakhs, representing the proceeds of the fraud received from investors, was placed on hold in the accused Shiva Sahu’s HDFC Bank Account No. 99960000009996. Apprehending that the bank accounts could be unlawfully unblocked and the funds misappropriated, all concerned banks were informed that the accounts under hold belonging to the accused should be unblocked only pursuant to an order of the competent court. However, the applicant, Jitendra Kumar Sahu, in collusion with the accused Shiva Sahu and others, got the account of the accused unblocked on 20.11.2025 without obtaining verification or approval from Sarsiwa Police Station or the court, following which the entire amount was withdrawn. 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 happens to be the Branch Manager of the Bank in question, and during questioning the applicant truthfully narrated all relevant facts and clearly stated that he had no involvement in the removal of hold/no-debit instructions from the account and he has duly replied all the notices sent by the Police Station Sarsiwa, which are with the respondents, and the applicant has also informed the respondent that as per bank records other co-accused Abhishek Jaiswal, Dinesh Anant and Pooja Manikpuri removed the hold/no-debit instruction without his knowledge, and all these co-accused are enlarged on bail provided by this Court vide order dated 01.05.2026 in MCRC Nos.3429/2026, 3294/2026 and 2433/2026. Therefore, he prays 3 for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that during the course of investigation, it was revealed that, on 20.11.2025, the present accused applicant Jitendra Kumar Sahu being the Branch Manager of the HDFC Bank, Sarangarh was himself present at the bank knowing that, in the Crime No. 131/2024 of the Police Station Sarsinwa under aforesaid Sections of the IPC and the Act, 2005, the HDFC Bank Account Number 99960000009996 of accused Shiva Sahu has been held by the Police Station and the matter is pending before the learned Trial Court, deliberately with the connivance of the accused Shiva Sahu and bank employees, on the application submitted by the accused himself, without verification from Police Station Sarsinwa and the concerned Court, the said account of the accused was unhold on 20.11.2025 and on the same day itself, Rs. 1.48 Lacs in cash was withdrawn from his bank through cheque. 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 happens to be the Branch Manager of the Bank in question, and during questioning the applicant truthfully narrated all relevant facts and clearly stated that he had no involvement in the removal of hold/no-debit instructions from the account and he has duly replied all 4 the notices sent by the Police Station Sarsiwa, which are with the respondents, and the applicant has also informed the respondent that as per bank records other co-accused Abhishek Jaiswal, Dinesh Anant and Pooja Manikpuri removed the hold/no-debit instruction without his knowledge, and all these co-accused are enlarged on bail provided by this Court vide order dated 01.05.2026 in MCRC Nos.3429/2026, 3294/2026 and 2433/2026, 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 – Jitendra Kumar Sahu, 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 be verified by the trial Court. 5 (e)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar