Tulsinand Sahu vs State Of Chhattisgarh

Ramesh Sinha, CJ

This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.470/2025 registered at Police Station - Kasdol, District - Baloda Bazar Bhatapara (C.G.) for the offences punishable under Sections 316(5), 318(4), 318(3), 3(5) and Section 111 of the BNS 2023.

The prosecution story, in brief is that a complaint registered against the main accused Ramnaranyan Sahu and others and after investigation filed the charge sheet against them for the offence punishable U/s 318 (4), 316 (5), 318 (3), 3(5) of B.N.S. That regarding his involvement in the alleged crime, despite the fact that presently P.S. Kasdol has sent the notice to the present applicant the applicant has not committed any offence as alleged against him, that the applicant in victim/ investor and he has also paid amount Rs. 55,16,100/-in installment between 20.05.2024 to 30.09.2024 to the main accused Ramnarayan Sahu and other co- accused, that aften knowledge of the fraud with the present applicant, the applicant demanded his money return back then the co-accused Ramnarayan Sahu given the assurance that he will return the entire amount within short time, but he was arrested in present crime number and falsely implicated the present applicant by making statement, against him in his memorandum statement. That the applicant has taken a loan and then given the said amount to the main accused Ramnarayan Sahu. That the applicant is also a victim, but he has been falsely implicated in the alleged crime only on the basis of memorandum of co-accused Ramnarayan Sahu and he has not committed any fraud with the complainant Rameshwar Kumar Kashyap. That the police authority has already completed the investigation against the main accused Ramnarayan Sahu and filed the charge sheet against him. That the applicant is ready to co-operate with the investigation and his custodial investigation is not required. That the complainant has not made any allegation against the applicant and the applicant has not played any active role in the alleged crime, that without any concrete evidence regarding the involvement in the alleged crime the applicant has been implicated in the present crime only on the basis of suspicion.

Learned counsel for the applicant submits that the applicant is innocent and has not committed any offence as alleged by the police, and has been falsely implicated in the present case. It is further submitted that the applicant himself is a victim, as he had paid an amount of Rs.12,00,000/- to the main accused, Ramnarayan Sahu, and upon failure to recover the said amount, he lodged a written complaint on 29.09.2025 before the Superintendent of Police, Baloda Bazar. It is also submitted that the applicant had earlier filed an anticipatory bail application before the learned Sessions Court, which was disposed of on the ground that no case was pending against the applicant at Police Station Kasdol (C.G.), vide order dated 22.01.2026. The applicant is a well-known businessman and farmer and has neither committed any fraud with the complainant, Rameshwar Kumar Kashyap, nor received any amount from him. It is further submitted that despite the applicant's complaint, no FIR has been registered against the main accused, Ramnarayan Sahu, whereas the police have completed the investigation against him and filed the charge-sheet. The applicant is ready to cooperate with the investigation, and his custodial interrogation is not required. It is also submitted that the co-accused, Dharanidhar Patel, has already been granted bail by this Hon'ble Court vide order dated 09.04.2026 passed in MCRCA No. 527/2026 (Annexure A-5), and the case of the present applicant stands on similar footing. Lastly, it is submitted that the complainant has not made any specific allegation against the applicant, and he has not played any active role in the alleged offence; thus, in the absence of any concrete evidence, the applicant has been implicated solely on the basis of suspicion, hence, he prays for grant of bail.

On the other hand, learned State counsel opposed the anticipatory bail application of the applicant.

I have heard learned counsel for the parties and perused the case diary.

Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature of the dispute, and the material available on record, and in view of the fact that the similarly situated co-accused, namely Dharanidhar Patel has already been granted anticipatory bail by this Hon'ble High Court in MCRCA No. 527 of 2026 vide order dated 09.04.2026, this Court finds that the present applicant is entitled to the benefit of parity. Therefore, without making any further comment on the merits of the case, this Court deems it appropriate to grant anticipatory bail to the applicant.

Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Tulsinand Sahu, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions: -

(a) he 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 from disclosing such fact to the Court.

(b) he shall not act in any manner which will be prejudicial to fair and expeditious trial.

(c) he shall appear before the trial Court on each 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 his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court.

(e) he shall not involve himself in any offence of similar nature in future.