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2026 DAILYLAW 26147 (CHH)

ANIL SHANKAR SAHU v. STATE OF CHHATTISGARH

MCRC/4599/2026 · 2026-07-08

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1 CGHC010192852026 2026:CGHC:28523 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4568 of 2026 Dev Narayan Sahu S/o Late Badriprasad Sahu Aged About 43 Years R/o. Village Mahkam, Chauki And Tahsil Sonakhan, P.S. Kasdol, District Balodabazar-Bhatapara (C.G.) --- Applicant versus State of Chhattisgarh Through - Police Station Kasdol, District - Balodabazar- Bhatapara (C.G.) --- Non-applicant MCRC No. 4587 of 2026 Tuleshwar Prasad Sahu S/o Late Badriprasad Sahu Aged About 34 Years R/o Village- Mahkam Chowki And Tahsil Sonakhan P.S. Kasdol District- Balodabazar-Bhatapara (C.G.) --- Applicant Versus State of Chhattisgarh Through Police Station Kasdol District- Balodabazar- Bhatapara (C.G.) --- Non-applicant MCRC No. 5037 of 2026 Ram Narayan Sahu S/o Surit Ram Sahu Aged About 48 Years R/o Village Bilari, P.S. Shivrinarayan, District Janjgir-Champa (C.G.) --- Applicant Versus State of Chhattisgarh Through S.H.O. Police Station- Kasdol, District Balodabazar-Bhatapara (C.G.) --- Non-applicant ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.13 12:23:30 +0530 2 MCRC No. 4648 of 2026 Hemant Sahu S/o Late Badriprasad Sahu Aged About 40 Years R/o Village Mahkam Chowki And Tehsil Sonakhan P.S. Kasdol District Balodabazar Bhatapara C.G. --- Applicant Versus State of Chhattisgarh Through S.H.O. Police Station Kasdol District Balodabazar Bhatapara C.G. --- Non-applicant MCRC No. 4599 of 2026 Anil Shankar Sahu S/o Dwarika Prasad Aged About 34 Years Village Lachhanpur, P.S. Janjgir, District Janjgir Champa Chhattisgarh --- Applicant Versus State of Chhattisgarh Through S.H.O. Police Station Kasdol, District Balodabazar-Bhatapara Chhattisgarh --- Non-applicant For Applicant(s) : Mr. Kamlesh Patel and Mr. Hardik Jaiswal, Advocates. For Respondent(s) : Dr. Sourabh K. Pande, Dy. Adv. General. For Complainant : Mr. Ravikar Patel, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.07.2026 1. These are the Second bail applications filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 433/2025 registered at Police Station – Kasdol, District – Balodabazar - Bhatapara (C.G.) for the offence punishable under Sections 420, 409, 418 and 34 of the Indian Penal Code 1860 and Section 111 of the Bhartiya Nyaya Sanhita, 2023 in MCRC No. 4568 of 2026, MCRC No. 3 4587 of 2026, MCRC No. 4648 of 2026 and MCRC No. 4599 of 2026, for the offence punishable under Sections 420, 418 and 409 of the Indian Penal Code in MCRC No. 5037 of 2026 respectively. 2. 2. Common prosecution story in brief is that the complainant, Chhedilal Sahu, a resident of Village Darra engaged in agriculture and construction work, lodged an FIR alleging that the accused persons represented themselves to be experienced in share market trading and induced him to invest money on the assurance that the invested amount would be doubled within a period of two years. Believing such representations, the complainant allegedly invested a total sum of Rs. 39,10,000/-, partly through RTGS and partly in cash. It is alleged that despite the expiry of the promised period, the accused persons neither returned the principal amount nor paid the promised returns, thereby cheating the complainant. On the basis of the said complaint, the police registered the offence and commenced investigation. During the course of investigation, memorandum statements of the accused persons were recorded, and on the basis of the material collected, the present applicants were arrayed as accused in the case and were subsequently arrested on different dates. 3. It is submitted by learned counsel for the applicants that the first bail applications filed on behalf of the present applicants were rejected on merits. The present applications are the second bail applications preferred on the ground that a similarly situated co-accused, namely, Rupesh Sahu, has already been granted bail in his second bail application by this Court in MCRC No. 3718 of 2026. Learned counsel further submits that the applicants, namely, Dev Narayan Sahu, Tuleshwar Prasad Sahu, and Anil Shankar Sahu, have five criminal antecedents each, whereas the applicants, namely, Ram Narayan Sahu 4 and Hemant Sahu, have four criminal antecedents each, all of a similar nature. Out of the said criminal cases, four are listed for hearing before this Court today, and in all those cases, the present applicants are co- accused. It is further submitted that the charge-sheet has already been filed before the competent Court. Learned counsel also submits that the co-accused persons, namely, Anita Devi Sahu, Leeladhar Sahu, Kumari Kusum Rani Sahu, Shweta Avsariya, Janak Sagar, Chandraprakash, and Diwakar Avsariya, have been granted regular bail by this Court in MCRC Nos. 7038 of 2025, 3891 of 2026, 7038 of 2025, 9221 of 2025, 10151 of 2025, 1950 of 2025, and 796 of 2025, respectively. It is further submitted that the co-accused, namely, Rajkumar Sahu, Ranu Dhruw, Shashi Sahu, and Bhuneshwar Sahu, have also been granted anticipatory bail in connection with the same crime vide MCRCA Nos. 452 of 2026, 159 of 2026, 58 of 2026, and 690 of 2026, respectively. It is also submitted that the applicants have been in judicial custody since 25.06.2025, 28.06.2025, 08.07.2025, and 12.08.2025, respectively. Considering that the charge-sheet has already been filed and that the conclusion of the trial is likely to take considerable time, learned counsel prays that the applicants be enlarged on regular bail. 4. On the other hand, the learned State counsel as well as learned counsel appearing for the objector have opposed the bail applications of the present applicants. It is submitted that the present applicants, along with the other co-accused, induced the complainant to invest a substantial amount on the false promise of doubling the investment through share market trading within two years. After receiving the amount, they neither returned the principal nor paid the promised returns, thereby committing the alleged offence. During the course of investigation, sufficient material, including the memorandum statements of the accused 5 persons, was collected against the applicants, pursuant to which they were implicated and arrested. Therefore, it is prayed that the bail applications be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, particularly the fact that the similarly situated co-accused, Rupesh Sahu, has already been granted bail by this Court in his second bail application, the principle of parity is attracted in the present case. Further, the charge-sheet has already been filed before the competent Court, several co-accused have been granted regular as well as anticipatory bail, the applicants have been in judicial custody since 25.06.2025, 28.06.2025, 08.07.2025, and 12.08.2025, respectively, and the conclusion of the trial is likely to take considerable time. Without commenting on the merits of the case, I am inclined to allow these second bail applications. Accordingly, the applications are allowed. 7. Let the Second bail applications of the Applicants – Dev Narayan Sahu, Tuleshwar Prasad Sahu, Ram Narayan Sahu, Hemant Sahu, and Anil Shankar Sahu, involved in Crime No. 433/2025 registered at Police Station – Kasdol, District – Balodabazar - Bhatapara (C.G.) for the offence punishable under Sections 420, 409, 418 and 34 of the Indian Penal Code 1860 and Section 111 of the Bhartiya Nyaya Sanhita, 2023 in MCRC No. 4568 of 2026, MCRC No. 4587 of 2026, MCRC No. 4648 of 2026 and MCRC No. 4599 of 2026, for the offence punishable under Sections 420, 418 and 409 of the Indian Penal Code in MCRC No. 5037 of 2026 respectively, be released on bail on furnishing personal bond with two sureties (each) in the like sum to the satisfaction of the Court concerned with the following conditions:- 6 (i) The applicants 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. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail 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. (iv) The applicants 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 applicants are 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 them in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible 7 within a period of 01 year from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek