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2026 DAILYLAW 34497 (CHH)

SINKU SINGH THAKUR v. STATE OF CHHATTISGARH

MCRC/8168/2026 · 2026-09-01

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Judgment text

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1 CGHC010331582026 2026:CGHC:38880 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8168 of 2026 Sinku Singh Thakur S/o Late Mithilesh Singh Thakur Aged About 32 Years R/o Devnagar, Koni, Tahsil And District- Bilaspur (C.G.) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Koni, District- Bilaspur, (C.G.) ... Non-applicant For Applicant : Ms. Anjali Pradhan, Advocate. For Non-applicant/State : Mr. Sumit Singh, Dy. A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.09.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 314/2026 registered at Police Station – Koni, District Bilaspur (C.G.) for the offence punishable under Sections 318,338,336,340 & 3(5) of the BNS. 2. Case of the prosecution in brief, is that the complainant, namely VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.09.02 16:41:10 +0530 2 Sukalu Ram Thakur, Naib Nazir Grade-II, posted in the office of the Tahsildar, Bilaspur, submitted a written report before Police Station Koni, District Bilaspur (C.G.), alleging that the present applicant, Vijay Jangde, in connivance with other persons, deliberately concealed the actual cause of death and, by adopting fraudulent means, dishonestly obtained financial assistance of Rs.4,00,000/- under the Government's Snakebite/Poisonous Animal Bite Death Assistance Scheme, thereby causing wrongful loss to the State exchequer and corresponding wrongful gain to themselves. On the basis of the said complaint, and upon finding a prima facie case, Police Station Koni registered FIR No.314/2026 for the offences punishable under Sections 318, 338, 336, 340 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.). Hence, the present application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the alleged crime. It is submitted that the allegations against the applicant are false and fabricated, as he neither received any amount nor derived any benefit therefrom, nor played any role in connection with the alleged offence. The applicant has been implicated merely on the basis of suspicion, without there being any sufficient reason or substantive material available on record. It is further submitted that there is no documentary or other evidence to establish that the applicant received or misappropriated the alleged amount, and the prosecution has not produced any material regarding the alleged transaction. Learned counsel further submits co-accused persons had already granted regular bail by this Court in MCRC No. 7500 of 2026 vide order dated 3 20.08.2026 and that the applicant has been in custody since 19.06.2026, therefore, learned counsel for the applicant prays for grant of regular bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed before the competent Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant, the fact that the co-accused, namely Dharmendra Yadav, has already been granted bail by this Court in M.C.RC. No. 7500 of 2026 vide order dated 20.08.2026, and that the case of the present applicant stands on the same footing, and further considering that the charge-sheet has already been filed before the competent Court, that the applicant has no criminal antecedents, has been in judicial custody since 19.06.2026, and that the conclusion of the trial is likely to take considerable time, this Court is of the considered view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. 7. Let applicant, Sinku Singh Thakur, involved in Crime No. 314/2026 registered at Police Station – Koni, District Bilaspur (C.G.) for the offence punishable under Sections 318,338,336,340 & 3(5) of the BNS, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the court concerned with the following conditions:- 4 (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) 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. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav