Citation : 2026 Latest Caselaw 470 Chatt
Judgement Date : 13 March, 2026
1
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
For Applicants : Mr. Amit Kumar, Advocate
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.
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.
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;
(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
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