Chattisgarh High Court
Roshni Sahu vs State Government Department on 13 March, 2026
Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
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2026:CGHC:12071
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRCA No. 389 of 2026
1 - Roshni Sahu D/o Tikaram Sahu Aged About 28 Years R/o Village
Raykona, P.S. Sarsiva, District Sarangarh-Bilaigarh Chhattisgarh
2 - Sunita Sahu D/o Tikarama Sahu Aged About 26 Years R/o Village
Raykona, P.S. Sarsiva, District Sarangarh-Bilaigarh Chhattisgarh
(Sunita Sahu Wrongly Mentioned As Non-Applicant No. 2 In The Impugned
Order Dated 23-02-2026)
--- Petitioner(s)
versus
1 - State Government Department Police Station Sarsiva, District Sarangarh-
Bilaigarh Chhattisgarh
--- Respondent(s)
BALRAM (Cause title is taken from CIS system) PRASAD DEWANGAN Digitally signed by BALRAM PRASAD For Applicants : Mr. Amit Kumar, Advocate DEWANGAN For Respondent/State : Mr. Ajay Kumrani, P.L. Hon'ble Shri Justice Parth Prateem Sahu Order On Board 13/03/2026
1. This is the first bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of anticipatory bail to the applicants who are apprehending their arrest in connection with Crime No.131/2024 registered at Police Station Sarsiwa, District - Sarangarh (C.G.) under Sections 420, 409, 406, 120-B & 34 of the I.P.C. and Section 6 & 10 of the C.G. Depositors Interest Protection Act, 2005.
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2. Case of prosecution in brief is that co-accused Chandrakala Sahu and Dharmesh Sahu contacted complainant Saurabh Agrawal, Vishwajit Khandekar, Tarun Sahu, Deepak Agrawal, Kamal Pradhan and informed them that as per scheme, Shiva Sahu accepting deposit of amount and returning back double the amount within 8 months and monthly return of the amount at the rate of 30%. Relying upon the words of applicants, complainants approached Shiva Sahu discussed with him and thereafter as per whats-app chat, they handed over a total sum of Rs.2 Crore in cash to Jhagesh Sahu. However, after some time when they realized that they had been cheated, report was lodged in concerned police-station.
3. Learned counsel for applicants would submit that applicants have been falsely implicated in this case. Applicants were not named in the FIR. Even in the final report, no participation in the commission of crime has been attributed to applicants. Applicants have filed this bail application for grant of anticipatory bail because they are sisters of main accused Shiva Sahu and are under apprehension that they may also be made accused. He also contended that main accused Shiva Sahu and other co-accused alleged to have been actively participated in the commission of crime have been enlarged on regular bail by this Court in MCRC No.8993 of 2024, MCRC No. 4389 of 2024, MCRC 4165 of 2024, MCRC No. 4246 of 2024 and MCRC No.10464 of 2025. Applicants are female members. Charge-sheet has been filed against co-accused persons, therefore, benefit of anticipatory bail may be extended to applicants. Applicants will make themselves available as and when required for their presence or called for by the investigating agency.
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4. Learned State counsel opposes the submission of learned counsel for applicants, however, upon putting query as to whether applicants were named anywhere, he submits that in the complaint filed by the villagers in the subject name of applicant No.1 is mentioned. However, upon further asking as to whether any participation of applicant No.1 is alleged in the complaint, he submits that in the body of the compliant, there is no such allegation.
5. I have heard learned counsel for parties and perused the documents placed on record.
6. On due consideration on the submission of learned counsel for respective parties, material collected by the police, applicants are female, other co-accused persons have been enlarged on regular bail including the main accused Shiva Sahu in in MCRC No.8993 of 2024, MCRC No. 4389 of 2024, MCRC 4165 of 2024, MCRC No. 4246 of 2024 and MCRC No.10464 of 2025, without commenting anything on merits of the case, I am inclined to release the applicants on anticipatory bail.
7. Accordingly, the anticipatory bail application is allowed. It is directed that in the event of arrest of the applicants in connection with the aforesaid offence, they shall be released on bail upon each of them executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. The applicants shall also abide by the following conditions :
(i) that the applicants shall make themselves available for interrogation before the investigating officer as and when required;4
(ii) that the applicants 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/her from disclosing such facts to the Court or to any police officer;
(iii) that the applicants shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and
(iv) that the applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.
Certified copy as per rules.
Sd/-
(Parth Prateem Sahu) Judge Balram