Koriya (C.G.) v. State of Chhattisgarh Through
Case Details
1 2025:CGHC:11231 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1809 of 2025 Sunil Sahu S/o Ramcharan Sahu, Aged About 30 Years, R/o Village- Mahora, P.S.- Patna, District - Koriya (C.G.) ... Applicant versus State of Chhattisgarh Through- S.H.O., Police Station- Baikunthpur, District - Koriya (C.G.) ... Non-Applicant For Applicant
Legal Reasoning
: Mr. Pushkar Sinha, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Deputy Advocate General. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board PREETI KUMARI Digitally signed by PREETI KUMARI 06/03/2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 320/2024, registered at Police Station – Baikunthpur, District - Koriya (C.G.) for the offence punishable under Sections 409, 420, 120 (B), 467, 468, 471, 472, 473, 474, 475 of I.P.C and 3, 4 of The Prize Chits and money Circulation Scheme (Banning) Act, 1978 and Sections 6, 10 of the Chhattisgarh Protection of 2 Depositors Interest Act 2005. 2 The case of the prosecution, in brief, is that the case of the prosecution is that, Satin Credit Care Network Limited company branch is in Baikunthpur, which gives loan, the then Branch Manager of the said company along with other co accused by luring 478 women beneficiaries with the promise of giving them jobs in a Dona factory, sanctioned a loan of Rs. 1,92,46,000/- of the said beneficiaries and used it for themselves, on the complaint of Lal Das Singh, Regional Manager, offence u/s 409, 420, 120 (B), 467, 468, 471, 472, 473, 474, 475, of I.P.C, 3, 4 of the Prize Chits and money Circulation Scheme (Banning) Act 1978 and Section 6, 10 of the Chhattisgarh Protection of Depositors Interest Act 2005, has been registered against the present applicant and the applicant has been arrested and he is in jail. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the co-accused, namely, Smt. Sunita has been granted bail by this Court vide order dated 21.01.2025 passed in MCRC No.551 of 2025. He further submitted that the applicant has one previous criminal antecedents in which he has been granted bail by this Court by order dated17.02.2025 passed in MCRC No. 1334/2025, further the charge-sheet has been filed and the applicant is in jail since 21.09.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail 3 5 6 application and submitted that the charge-sheet has been filed in the present case. He further submitted that the applicant along with other co-accused persons, went to the village and allegedly committed fraud by opening accounts and deceiving 478 women. They sanctioned loans of Rs.1,92,46,000/- to these women for the business of dona pattal (leaf plate making). Therefore, he is not entitled to be released on bail. I have heard learned counsel for the parties and perused the documents available on record. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the co-accused, namely, Smt. Sunita has been granted bail by this Court vide order dated 21.01.2025 passed in MCRC No.551 of 2025. He further submitted that the applicant has one previous criminal antecedents in which he has been granted bail by this Court by order dated 17.02.2025 passed in MCRC No. 1334/2025, the charge-sheet has not been filed and he is in jail since 21.09.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. Let the applicant - Sunil Sahu, involved in Crime No. 320/2024, registered at Police Station – Baikunthpur, District - Koriya (C.G.) for the offence punishable under Sections 409, 420, 120 (B), 467, 468, 471, 472, 473, 474, 475 of I.P.C and 3, 4 of The Prize Chits and money 4 Circulation Scheme (Banning) Act 1978 and Sections 6, 10 of the Chhattisgarh Protection of Depositors Interest Act 2005, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he 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 applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, 5 under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant 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 applicant is 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 him in accordance with law. 8 Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Preeti Sd/- (Ramesh Sinha) Chief Justice