Rameshwar Prasad Sahu v. State of Chhattisgarh

: Mr. Goutam Khetrapal and Ms. Deeksha Jaiswal, Advocate. For Non-Applicant/State : Mr. Jitendra Shrivastava, Panel Lawyer. PREETI KUMARI Digitally signed by PREETI KUMARI 19:05:42 +0530

11.12.2025 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board

This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime No. registered at Police Station – Surajpur, District - Surajpur (C.G.) for the offence punishable under Sections 420, 467, 468, 471/34 of the Indian Penal Code (In short, IPC).

The prosecution story in brief is that, on the basis of the mark-sheet of the present applicant, the co-accused, Ramkeshwar Sahu @ Rameshwar Prasad Sahu, obtained appointment to the post of Constable in the Police 2 Department. A complaint in this regard was made, and an enquiry was conducted. Following the enquiry, Ramkeshwar Sahu @ Rameshwar Prasad Sahu was removed from service.

It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the co-accused, Ramkeshwar Sahu @ Rameshwar Sahu is the brother-in-law (Jija) of the present applicant, and that he secured appointment in the Police Department by using the applicant’s academic record. It is further stated that a complaint was made by his real brother alleging that the co-accused, Ramkeshwar Sahu, had obtained the appointment on the basis of forged documents and he has since been removed from service. The applicant has no previous criminal antecedents. Therefore, it is prayed that the applicant be granted anticipatory bail.

On the other hand, learned State counsel opposes the bail application and submits that as per the case diary, it transpires that the applicant/accused, Rameshwar Prasad Sahu, son of Rambadan Sahu, had provided his own educational certificates to his brother-in-law (Jija), Ramkeshwar Sahu @ Rameshwar Sahu. On the basis of these forged documents, the main accused, Ramkeshwar Sahu @ Rameshwar Sahu, had obtained employment in the Police Department on the post of Constable. On receiving a complaint regarding this, an enquiry was conducted by the Additional Superintendent of Police, Korea, and when the complaint was found to be proved, the main accused, Ramkeshwar Sahu @ Rameshwar Sahu alias Nanka Ram Sahu, was removed from service. From this, it appears that Rameshwar Prasad (present applicant) and Ramkeshwar Sahu @ Rameshwar Sahu, in collusion with each 3 other, applied for the post of Constable in the Police Department, and employment was obtained by Ramkeshwar Sahu @ Rameshwar Sahu on the basis of forged educational documents, hence he is not entitled for grant of bail.

I have heard learned counsel for the parties and perused the materials available on record.

Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and the fact that the co-accused, Ramkeshwar Sahu @ Rameshwar Sahu is the brother-in- law (Jija) of the present applicant, and that he secured appointment in the Police Department by using the applicant’s academic record, further a complaint was made by his real brother alleging that the co-accused, Ramkeshwar Sahu, had obtained the appointment on the basis of forged documents and he has since been removed from service, further, the applicant has no previous criminal antecedents, and the case of the present applicant is distinguishable that of the co-accused, namely, Ramkeshwar Sahu @ Rameshwar Sahu, hence, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case.

Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Rameshwar Prasad Sahu on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, she shall be released on bail on the following conditions:- threat (a) The Applicant shall not directly or indirectly make any inducement, to any person or promise acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant shall appear before the trial Court on each 4 and every date given to him by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involved himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti