Chhattisgarh High Court
Criminal Procedure and EvidenceCriminal Law

Anticipatory bail granted on parity where allegations arose from pressure to recover investment funds.

MILAP SAHU vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: September 26, 20262 MIN READSOURCE JUDGMENT
Anticipatory bail granted on parity where allegations arose from pressure to recover investment funds.. MILAP SAHU vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

Komal Sahu consumed poison on 17 October 2025 and died during treatment on 21 November 2025.

Source reference: para. 2

Following a morgue inquiry, Crime No. 130/2026 was registered at Kotwali Police Station, Rajnandgaon, for alleged offences under Sections 318(4), 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

Source reference: para. 2

The applicant was implicated on the basis of a suicide note.

Source reference: para. 2

He submitted that the deceased had collected money for investment, including money from the applicant, and that the applicant had pursued a cheque issued by the deceased under Section 138 of the Negotiable Instruments Act.

Source reference: para. 3

He also relied on the grant of bail to a co-accused.

Source reference: para. 3

The State opposed the application, referring to the suicide note and the deceased’s alleged repayment to the applicant, but did not dispute that the co-accused had been granted bail.

Source reference: para. 4

The applicant sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Source reference: para. 1
02

Issues

1. Whether the applicant should be granted anticipatory bail in connection with Crime No. 130/2026

Source reference: paras. 1, 6

2. Whether the grant of bail to the co-accused, considered with the circumstances and allegations, supported granting the applicant anticipatory bail

Source reference: paras. 3–6
03

Law Applied

Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides for a direction for release on bail in the event of arrest.

Source reference: para. 1

The alleged offences were under Sections 318(4), 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

Source reference: para. 1

The Court identified no particular precedent or further legal test; it considered the facts, nature of the allegations and parity with the bailed co-accused, without expressing any view on the merits.

Source reference: para. 6
04

Reasoning

The Court considered the applicant’s account that the money was given to the deceased for investment and was being pursued through a cheque-dishonour proceeding, alongside the State’s reliance on the suicide note and the alleged repayment.

Source reference: paras. 3–4

It also took into account that a co-accused had been granted bail.

Source reference: para. 6

On consideration of the circumstances and the nature of the allegations, the Court found it appropriate to grant anticipatory bail without commenting on the merits.

Source reference: para. 6
05

Holding

The application was allowed.

The Court directed that, in the event of arrest in Crime No. 130/2026, the applicant be released on anticipatory bail on executing a personal bond of ₹25,000 with one surety for the like sum.

Source reference: para. 7

The applicant must be available for interrogation when required, refrain from influencing persons acquainted with the case or prejudicing a fair and expeditious trial, and appear before the trial Court on each date fixed until the trial’s disposal.

Source reference: para. 7
06

Acts & Sections Cited

5 provisions across 3 statutes referred to in this judgment. Each provision opens on LawLens.

Bharatiya Nagarik Suraksha Sanhita, 20231

Bharatiya Nyaya Sanhita, 20233

Negotiable Instruments Act, 18811

Chhattisgarh High Court

Original Court PDF

MILAP SAHUvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · September 26, 2026

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