Bhathapara, Chhattisgarh v. State of Chhattisgarh Through Station House Officer
Case Details
1 2025:CGHC:161 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8987 of 2024 1. Bhuneshwar Sahu S/o Late Ganesh Sahu Aged About 35 Years R/o Ward No. 13, P.S. Bagbahara, District : Mahasamund, Chhattisgarh 2. Manohar Lal Sahu S/o Ful Say Sahu Aged About 38 Years R/o Schoolpara, Ward No. 13, Amlidih, Village Mohtara, P.S. Kasdol, District : Balodabazar-Bhathapara, Chhattisgarh ... Applicants versus State of Chhattisgarh Through Station House Officer (S H O) P.S. Mandir Hasod, District : Raipur, Chhattisgarh ... Non-Applicant For Applicant For Non-Applicant/State For Objector
Legal Reasoning
: Mr. Devershi Thakur along with Mr. O.P.Sahu, Advocates. : Ms. Supriya Upasane, Govt. Advocate. : None. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 02/01/2025 1 The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 659/2024, registered at Police Station – Mandir 2 Hasod, District : Raipur (C.G.) for the offence punishable under Section 420 of Indian Penal Code. 2 The case of the prosecution, in brief, is that the complainant/Kuber Verma made a complainant at P.S. Mandir Hasad in Crime No. 659/2024 dated 04.10.2024 under Section 420 of Indian Penal Code, 1860 that the he was defrauded and cheated by the applicant No. 1 based on fake promise of doubling the money. The complainant had invested Rs. 7 Lakhs in the Share Market through applicant No. 1, where the complainant had accrued loss as the market had crashed and thereafter, the FIR was lodged. The applicant humbly submits that he has been falsely implicated in the crime, as he has not committed any offence. 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 submitted that the case is of civil nature as it is related to transactions, trading and recovery and the applicants/accused have not committed any crime like fraud and the applicants informed the concerned Police Station from 06.10.2024 to 18.10.2024 many times that it was a matter of transactions with with the complainant/Kuber Verma not of fraud. He further submitted that the co-accused, namely, Ranu Dhruw has been granted anticipatry bail by this Court vide order dated 16.12.2024 passed in MCRCA No. 1442/2024. He later submitted that the applicants have no previous criminal antecedents, charge-sheet 3 has been filed and the applicants are in jail since 18.10.2024 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 application and submitted that the charge-sheet has been filed in the present case. She further submits that the complainant/Kuber Verma made a complainant that he was defrauded and cheated by the applicant No. 1 based on fake promise of doubling the money. The complainant had invested Rs. 7 Lakhs in the Share Market through applicant No. 1, where the complainant had accrued loss as the market had crashed and thereafter, the FIR was lodged. Therefore, the applicants are not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that the case is of civil nature, further, the applicants have no previous criminal antecedents, the charge-sheet has been filed and they are in jail since 18.10.2024 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 Nos. 1 and 2 - Bhuneshwar Sahu and Manohar Lal Sahu, involved in Crime No. 659/2024, registered at Police Station – Mandir Hasod, 4 District : Raipur (C.G.) for the offence punishable under Section 420 of Indian Penal Code., be released on bail on theri furnishing a personal bond with two sureties each in the like sum to the satisfaction of the court concerned with the following conditions:- (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 him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fails 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, 5 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 hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, 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. Preeti Sd/- (Ramesh Sinha) Chief Justice