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2025 DAILYLAW 32929 (CHH)

KAMTA PRASAD SAHU v. STATE OF CHHATTISGARH

MCRCA/977/2025 · 2025-07-08

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Judgment text

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1 2025:CGHC:31705 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 977 of 2025 Kamta Prasad Sahu S/o Lt. Ramlal Sahu, Aged About 35 Years R/o Village Pendari, Post Office And P.S. Sakri, Dist. Bilaspur (C.G.) ...Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station- Bilha, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Goutam Khetrapal, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.07.2025 1. 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. 194/2025, registered at Police Station Bilha, District - Bilaspur (C.G.) for the offence punishable under Sections 420, 511, 120B of the IPC. 2. The prosecution story in brief is that on the death of one Shivkumar Ghritalhare, son of Parag Das, aged about 36 years, resident of Village Podi, Police Station Bilha, District Bilaspur, Crime No. 61/2023 was registered at Police Station Bilha. It is alleged that on 12.11.2023, the deceased consumed an unknown poisonous substance along with alcohol, resulting in his death during treatment on 14.11.2023. Initially, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.10 12:23:51 +0530 2 the family members informed that the deceased had suffered a poisonous animal bite while cleaning the garden, which led to his hospitalization. Subsequently, medical records obtained from CIMS Bilaspur reflected ingestion of poison and alcohol, with relevant documents containing signatures of the deceased's father and wife. Thereafter, a committee of medical experts was constituted, which opined that the cause of death was cardiac and respiratory failure due to the side effects of unknown poison with excessive alcohol intoxication. Though snakebite marks were reportedly present, the possibility of snakebite could not be conclusively established. Moreover, as per the Panchnama conducted by the police, no visible snakebite marks were found on the deceased's body. That, The present applicant, an advocate by profession, has been implicated in the case on the allegation that he misled the family members of the deceased by advising them to file a claim for compensation suggesting that in snakebite cases, compensation of 3,00,000/- is provided, and ₹ allegedly demanded 1,50,000/- as his share. Hence the offence has been registered against present applicant and other co-accused persons. Hence the offence has been registered against present applicant and other co-accused persons. 3. The learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case He submits that in this case co-accused persons had already been granted bail in MCRCA No. 862 of 2025, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary and in this case co-accused persons were already granted anticipatory bail by this Court, therefore, without expressing any opinion on the merits, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Kamta Prasad Sahu, on executing a personal bond and one 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE Vaibhav