Chattisgarh High Court
Ashish Sahu vs State Of Chhattisgarh on 3 March, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2025:CGHC:10293
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1702 of 2025
1 - Ashish Sahu S/o. Niranjan Sahu Aged About 36 Years R/o. 08/14, Ispat
Nagar, Ps Risali, Bhilai, Dist. Durg (Cg)
... Applicant(In Jail)
versus
1 - State Of Chhattisgarh Through The Ps Raipur Thana Range Cyber
Thana, Raipur (C.G.)
... Respondent(s)
(Cause Title taken from Case Information System)
For Applicant : Mr. N. Naha Roy, Advocate.
For Non-Applicant : Mr. UKS Chandel, Dy. Adv. General.
Hon’ble Mr. Ramesh Sinha, Chief Justice
Order on Board
03/03/2025
1. This is second bail application filed by the applicant under Section
483 of the Code of Criminal Procedure, 1973. First application
bearing MCRC No.633 of 2025 was dismissed as withdrawn vide
order dated 06.02.2025.
2. This application filed under Section 483 of the Bhartiya Nagrik
Digitally signed
Suraksha Sanhita, 2023 for grant of regular bail to the applicant who
NISHA by NISHA
DUBEY
DUBEY Date:
2025.03.04
16:20:23 +0530
has been arrested in connection with Crime No.8 of 2024 registered
2at Police Station – Raipur Thana Range Cyber Thana, Raipur(C.G.)
for the offence punishable under Section 420, 34 of the Indian Penal
Code, 1860.
3. Case of the prosecution, in brief, is that Dr. Prakash Gupta, a Civil
Surgeon at the District Hospital, Raipur, was retired from his service
on 30.04.2023. Upon his retirement, Mr. Gupta took his retiral dues
and some loan amount from his friends and family of Rs.74,49,900/-
and invested the amount into share trading through whatsapp chat
K.S. Min app. Thereafter, Mr. Gupta was asked by K.S. Min
WhatsApp operator Amol Aathvle and Shweta Shetty to deposit an
amount of Rs.15,00,000/- as commission and if the amount is not
deposited, in that situation the entire amount would be donated. On
getting suspicious, Mr. Gupta filed a complaint and police filed FIR
under Sections 420, 34 of the Indian Penal Code, 1860.
4. Learned counsel for the applicant submitted that the applicant has
been falsely implicated in this case. No case is made out against the
applicant. There is no link which establishes that applicant has
received the money, which was deposited by the complainant. There
is strong possibility of delay in completion of trial proceedings, which
would hamper the liberty of the applicant for a long time. He is ready
to abide by all the conditions and directions, which may be imposed
while granting bail to him. He is in custody since 13.07.2024. Hence,
it is prayed that he may be enlarged on bail.
3
5. On the other hand, learned counsel appearing for the State/non-
applicant would oppose the bail application.
6. I have heard learned counsel appearing for the parties and perused
the case diary.
7. Taking into consideration the facts and circumstances of the case,
nature and gravity of offence, period of pre-trial detention of
applicant, who is in jail since 13.07.2024, and the fact that the charge
sheet has already been filed, this Court is of the view that the
applicant is entitled to be released on bail in this case.
8. Let the Applicant-Ashish Sahu involved in Crime No.8/2024
registered at Police Station Baradwar, District Sakti (C.G.), for the
offence punishable under Section 420, 34 of the Indian Penal Code,
be released on bail on him 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,
4the trial court may proceed against him under Section 229-
A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during
trial and in order to secure his presence, proclamation
under Section 82 Cr.P.C. 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, under Section 174-A
of the Indian Penal Code.
(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 313 Cr.P.C. 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.
9. However, this Court hopes and trusts that the trial Court shall make
an earnest endeavour to conclude the trial expeditiously in
accordance with law, if there is no legal impediment.
10. Office is directed to send a copy of this order to the trial Court for
necessary information and compliance within one week from today.
- Sd/-
(Ramesh Sinha)
Chief Justice
Nisha
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