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2026 DAILYLAW 6283 (CHH)

DHARANIDHAR PATEL v. STATE OF CHHATTISGARH

MCRCA/511/2026 · 2026-04-07

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1 2026:CGHC:16160 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 511 of 2026 Dharanidhar Patel S/o Shri Mohan Lal Patel Aged About 25 Years R/o Vill. - Ward No. 10, Saraipali, Mahasamund, District- Mahasamund (C.G.) ... Applicant versus State Of Chhattisgarh Through S.H.O., P.S. Gidhauri, District- Balodabazar- Bhatapara (C.G.) ... Respondent For Applicant : Mr. Ravindra Sharma, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.04.2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 170/2025 registered at Police Station – Gidhauri, District - Balodabazar- Bhatapara (C.G.) for the offences punishable under Sections 316(5), 318(4), 318(3), 3(5) of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.09 10:53:29 +0530 2 2. The prosecution story in brief is that the complainant, Deepak Kumar Dansena, lodged a written complaint alleging that the main accused, Ramnarayan Sahu, received an amount of Rs. 1,58,45,000/- from the complainant and Rs. 93,10,000/- from his friend, Vijay Kumar Sharma, in his own account as well as in the accounts of other co-accused persons on the assurance that the said amount would be invested in the share market and doubled within 25 months. Believing such assurance, the complainant arranged money from his family members and paid the same to the accused persons. However, the accused persons failed to return the amount and thereby allegedly cheated the complainant. On the basis of the complaint, Police Station Gidhauri registered Crime No. 170/2025 for the offences punishable under Sections 318(4), 3(5) and 111 of the B.N.S. against the main accused and others and, after investigation, filed the charge-sheet against them for the offences punishable under Sections 316(5), 318(4), 318(3), 3 and 5 of the B.N.S. During the course of investigation, the present applicant was also implicated on the basis of the memorandum statement of the co-accused. The police issued notice to the applicant regarding his involvement in the alleged offence. However, according to the applicant, he himself is an investor and victim who had paid an amount of Rs. 1,58,45,000/- in installments between 31.03.2023 and 20.09.2024 to the accused persons, including Ramnarayan Sahu and Aatma Ram Sahu, after taking loans, and upon learning about the fraud, he demanded return of his money. It is alleged by the applicant that despite being a victim himself, he has been falsely implicated in the present case only on the basis of the memorandum statement of the co-accused, although no direct allegation has been made against 3 him by the complainant and no active role has been attributed to him in the alleged offence. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted that The applicant himself is a victim/investor who had paid an amount of Rs. 1,58,45,000/- in installments between 31.03.2023 and 20.09.2024 to the main accused, namely Ramnarayan Sahu, Aatma Ram Sahu and other co-accused persons. It is submitted that the applicant had arranged the said amount by taking loans and paid the same to the accused persons. After coming to know about the fraud, the applicant demanded return of his money, whereupon the co-accused Ramnarayan Sahu assured him that the entire amount would be returned within a short time. However, after his arrest in the present crime, he falsely implicated the applicant in his memorandum statement. It is further submitted that the applicant has not committed any fraud with the complainant, namely Deepak Kumar Dansena, and has been implicated only on the basis of the memorandum statement of the co-accused. The police have already completed the investigation against the main accused and filed the charge-sheet against him, therefore, custodial interrogation of the applicant is not required. The applicant is ready and willing to cooperate with the investigation. It is also submitted that other co-accused persons standing on similar footing as the present applicant have already been enlarged on anticipatory bail by this Hon’ble Court. No direct allegation has been levelled against the applicant by the complainant and no active role has been attributed to him in the alleged offence. In the absence of any 4 concrete evidence regarding his involvement, the applicant has been implicated merely on the basis of suspicion. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature of the dispute and the material available on record, and in view of the fact that the similarly situated co-accused namely Tulsinand Sahu has already been granted bail by this Hon’ble High Court MCRCA No. 415 of 2025 vide order dated 18.03.2026, this Court finds that the present applicant is entitled to the benefit of parity. Therefore, without making any further comment on the merits of the case, this Court deems it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Dharanidhar Patel, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. 5 (d) the applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav