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2026 DAILYLAW 15611 (CHH)

TUSAR KANTA SETHI v. STATE OF CHHATTISGARH

MCRCA/90/2026 · 2026-01-15

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Judgment text

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1 2026:CGHC:2809 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 90 of 2026 • Tusar Kanta Sethi S/o Joginath Sethi Aged About 32 Years R/o Baunshaput Banki, Tigiria, Tehsil Tigiria, Distt. Cuttak,odisha, 754030 ... Applicant versus • State Of Chhattisgarh Through District Magistrate Durg, Distt. Durg, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Jaydeep Singh Yadav, Advocate For Respondent/State : Mr. Priyank Rathi, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.01.2026 1. This is the First anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.125/2025 registered at Police Station – Utai, Odisha (C.G.) for the offence punishable under Sections 420/511 of IPC. 2. The prosecution story, in brief, is that 5. Mukesh Kumar preferred a written report stating that he was working as an Agriculture Development Officer (ADO) and was posted in Patan, Durg from July, 2024 and stated that under the (Pradhanmantri Fasal Bima Yojna) PMFBY, if any farmer takes an agricultural loan from the Society, Seva Sahkari Maryadit Limited then the said society with the consent VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.19 10:56:26 +0530 2 of the concerned farmer also does an insurance of the crops under the said scheme and if any farmer has not taken the said loan, then also he can get the crop insurance done for his crops from any choice centres. As per the said written report, in the crop insurance portal, the insurance company can see only the CSC Id and from the said CSC Id, the insurance can be done from any place as the farmers are located in different areas and after the acceptance of the insurance from the said portal, the said claims are processed. For the year 2022-2023, an anomoly regarding the insurance from the National Crops Insurance Portal was found concerning two villages- Pataura and Mudpar and after an inquiry conducted by the Joint Director, Agriculture Department, Durg, it was found that the CSC operator Tusar Kanta Sethi (Applicant) had done insurance of 43 farmers of Village- Pataura and 24 farmers of Village- Mudpar. The said written report further asserted that, it appears that the applicant has done fraud insurance and if the said insurance amount had disbursed then it would have amounted to loss to the state and central funds. 3. 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 there is no specific allegation of dishonest inducement or wrongful gain the the applicant or no wrongful loss to any farmer, insurance company or the Government. He further submits that applicant has no criminal antecedent. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the 3 materials available on record. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature and gravity of allegation levelled against the applicant and considering the fact that no loss to any farmer, insurance company or the Government, further applicant has no any criminal antecedent this Court is of the view that the applicant is entitled to be granted anticipatory bail. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Tusar Kanta Sethi on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The Applicant 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) 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 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 involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali