1 CGHC010285542026 2026:CGHC:36858 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6956 of 2026 1 - Ashish Mishra S/o Pawan Mishra Aged About 37 Years R/o Seepat Chowk Sarkanda Bilaspur (C.G.) ... Applicant(s) versus 1 - State of Chhattisgarh Through Police Station Sarkanda, District- Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Harshwardhan Agrawal, 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 connection with Crime No. 939/2026 registered at Police Station Sarkanda, District- Bilaspur (Chhattisgarh), for the offences punishable RUCHI YADAV Digitally signed by RUCHI YADAV 2 under Sections 420, 467, 468, 471 and 34 of IPC. 2. As per the prosecution case, in brief, it is alleged that Shri Daulat Ram Thakur, Naib Nazir-II, posted in the Office of the Tahsildar, Bilaspur, submitted a written report before Police Station Sarkanda, District Bilaspur (C.G.), alleging that the main accused/beneficiary, Shubhash Pathak, along with the present applicant, deliberately concealed the actual cause of death and, by adopting fraudulent means, dishonestly obtained financial assistance of ₹4,00,000/- under the Government’s Snake Bite/Poisonous Animal Bite Death Assistance Scheme, thereby causing wrongful loss to the State exchequer and corresponding wrongful gain to themselves. It is further alleged that the accused persons obtained the said financial assistance by suppressing the actual cause of death and by using forged and fabricated documents. On the basis of the said written report, Crime No. 939/2026 was registered at Police Station Sarkanda, District Bilaspur (C.G.), for the offences punishable under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code, 1860. During the course of investigation, the present applicant was arrested on 19.06.2026 and has been in judicial custody since then. 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 is not a beneficiary of the Scheme and has neither obtained any wrongful gain nor derived any pecuniary benefit from the alleged offence. Learned counsel further submits that the main accused, namely Mahendra Kumar Manhar, has already been enlarged on anticipatory bail by this Court vide order dated 11.03.2026 passed in 3 MCRCA No. 378/2026 in a similar matter. It is further submitted that in a similar matter, one of the beneficiaries, namely Smt. Urvashi Shrivas, has also been granted bail by this Court vide order dated 20.04.2026 passed in MCRCA No. 579/2026. Learned counsel also submits that, as is apparent from the material collected during investigation, Mahendra Kumar Manhar had transferred a major portion of the compensation amount, i.e. ₹3,00,000/- out of ₹4,00,000/-, from the account of the main accused Subhash Pathak to his own account. It is, therefore, contended that there is no material showing the involvement of the present applicant in the alleged conspiracy and the applicant has been falsely implicated in the case. Learned counsel submits that the applicant has no criminal antecedents whatsoever and there is no likelihood of his repeating any such alleged act. It is further submitted that the applicant has been in judicial custody since 19.06.2026. The investigation is progressing independently and the further custodial detention of the applicant is not warranted. Learned counsel lastly submits that the trial is likely to take considerable time to conclude and continued detention of the applicant would amount to pre-trial punishment. Hence, the applicant deserves to be released 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 alleged that the applicant actively assisted the main accused, Subhash Chandra Pathak, in concealing the actual cause of death and in obtaining financial assistance of ₹4,00,000/- under the Government’s Snake Bite/Poisonous Animal Bite Death Assistance Scheme by using forged and fabricated documents. Learned State counsel further 4 submits that the applicant’s role is not merely incidental, but he facilitated the commission of the alleged offence in connivance with the main accused. Considering the nature of allegations and the material collected during investigation, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, the nature of allegations, the material collected during investigation, the fact that the applicant is not the beneficiary of the Scheme, and the fact that he has been in judicial custody since 19.06.2026, this Court is of the considered view that the applicant deserves to be enlarged on regular bail. It is also relevant to note that the applicant has no criminal antecedents and the investigation is progressing independently. The allegation regarding the applicant’s role in assisting the main accused and the extent of his involvement are matters to be examined during the course of trial. Further, the applicant’s custodial detention is no longer considered necessary for the purpose of investigation. The trial is likely to take considerable time to conclude and continued incarceration of the applicant would not serve any useful purpose. Therefore, without expressing any opinion on the merits of the case, this Court is of the considered view that the applicant is entitled to be released on regular bail. 7. Let the Applicant –Ashish Mishra involved in Crime No. 939/2026 registered at Police Station Sarkanda, District- Bilaspur (Chhattisgarh), for the offences punishable under Sections 420, 467, 468, 471 and 34 5 of 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, before the trial court on the dates fixed for (i) 6 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