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2026 DAILYLAW 31859 (CHH)

SANTOSH KUMAR SURYAVANSHI v. STATE OF CHHATTISGARH

MCRC/6122/2026 · 2026-08-17

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Judgment text

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1 CGHC010258762026 2026:CGHC:36857 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6122 of 2026 1 - Santosh Kumar Suryavanshi S/o Rajendra Kumar Suryavanshi Aged About 39 Years R/o Village Mahmand, Police Station Torwa, District Bilaspur (C.G.) ... Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Torwa, Bilaspur C.G. ... Respondent(s) For Applicant(s) : Mr. Syed Afaque Hussain Rizvi, Advocate For Respondent(s)/State : Mr. Shashank Thakur, Additional Advocate General Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.08.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking grant of regular bail to the applicant, who is in judicial custody in RUCHI YADAV Digitally signed by RUCHI YADAV 2 connection with Crime No. 330/2026 registered at Police Station Torwa, District Bilaspur (Chhattisgarh), for the offences punishable under Sections 420, 465, 468, 471, 193, 197 and 34 of the Indian Penal Code, 1860 (IPC). 2. The prosecution case, in brief, is that the accused Santosh Kumar Suryavanshi, in connivance with co-accused persons, allegedly concealed the actual cause of death of his wife Lata Suryavanshi and fraudulently fabricated a case of snakebite to obtain compensation under the government assistance scheme. On the basis of the fabricated post-mortem report, an amount of Rs. 4 lakh was sanctioned and credited to the accused’s IDBI Bank account, out of which he allegedly received a financial benefit of Rs. 2 lakh. During investigation, statements of the concerned persons were recorded, relevant bank details were obtained, and Sections 465, 468, 471, 193 and 197 of the IPC were added. The accused was arrested on 19.06.2026 and is presently in judicial custody. Investigation is still pending, including the arrest of the other co-accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant has been roped in merely on the basis of suspicion and no incriminating article has been seized from his possession. It is further submitted that the applicant was arrested on the basis of his memorandum statement, which, by itself, does not establish his involvement in the alleged offence. There is no direct evidence connecting the applicant with the alleged fabrication of documents or wrongful withdrawal of government assistance. It is also submitted that 3 the material collected during investigation is not prima facie sufficient to establish the applicant’s involvement in the alleged offences. The applicant has been in judicial custody since 19.06.2026, has no criminal antecedents and the trial is likely to take considerable time. Therefore, the applicant deserves to be enlarged on regular bail. 4. Learned State counsel opposes the bail application and submits that the allegations against the applicant are serious in nature. It is submitted that the applicant, in connivance with the co-accused persons, allegedly fabricated the cause of death as snakebite and obtained government compensation of Rs. 4 lakh by fraudulent means, causing financial loss to the government. Therefore, considering the nature of allegations and the stage of investigation, the applicant is not entitled to grant of bail. 5. I have heard learned counsel appearing for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, the nature of the allegations, the material collected during investigation, the period of custody of the applicant since 19.06.2026, the fact that the applicant has no criminal antecedents, this Court is of the considered view that the applicant deserves to be enlarged on bail. The allegations against the applicant are matters to be tested during trial and the trial is likely to take considerable time. Accordingly, without expressing any opinion on the merits of the case, the bail application is allowed. 7. Let the Applicant –Santosh Kumar Suryavanshi involved in Crime No. 330/2026 registered at Police Station Torwa, District Bilaspur (Chhattisgarh), for the offences punishable under Sections 420, 465, 4 468, 471, 193, 197 and 34 of the Indian Penal Code, 1860 (IPC), be released on bail on furnishing 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, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS 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 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, 5 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 351 of BNSS. 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. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Ruchi