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2026 DAILYLAW 372 (CHH)

SUNIL KUMAR v. STATE OF CHHATTISGARH

MCRCA/141/2026 · 2026-01-27

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Judgment text

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1 2026:CGHC:4730 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 141 of 2026 • Sunil Kumar S/o Khuman Ram Aged About 29 Years R/o Village - Dhodha, Police Station And Tahsil - Gandai, District : Khairagarh- Chhuikhadan-Gandai, Chhattisgarh ... Applicant versus • State of Chhattisgarh Through- District Magistrate, District : Khairagarh-Chhuikhadan-Gandai, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Veer Verma and Mr. Ankush Borkar, Advocate For Respondent/State : Ms. Vaishali Mahilong, Dy.G.A. For Objector Mr. Kamlesh Patel, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 28.01.2026 1. This is 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.402/2025 registered at Police Station – Gandai, District - Khairagarh-Chhuikhadan-Gandai (C.G.) for the offence punishable under Section 318(4), 338, 336(3), 340(2), 61(2) of BNS,2023. 2. Prosecution case in brief is that in the evening of 21.11.2025 at about 5:20 PM, the complainant Rajkumar Solanki, Deputy Director (Agriculture)-cum- Secretary, District Level Grievance Redressal Committee, Pradhan Mantri Fasal Bima Yojana, District K.C.G., VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.29 18:13:39 +0530 2 submitted a written complaint stating that vide letter No. /T-1/PMFBY/2025-26/1824 dated 27.08.2025, issued from the Office of the Collector, District Khairagarh-Chhuikhadan-Gandai, instructions were given to conduct an inquiry regarding fake crop insurance in Village Dhodha. In compliance with the said instructions, upon conducting the inquiry, it was found that the applicant, along with other accused persons, namely the insured farmers, the CHC operator, cooperating farmers, and the insurance company representative, by presenting forged documents in a fraudulent and conspiratorial manner, illegally obtained crop insurance benefits amounting to more than Rs. 6 lakhs. On the basis of the said complaint of the complainant, after inquiry, a case was registered against the applicant and others at Police Station Gandai under Crime No.402/2025, and the matter was taken up for investigation. 3. Learned counsel for the applicant would submit that the applicant is innocent person and he has not committed any offence as alleged by the prosecution and he is falsely implicated in the present case. It is further submitted that co-accused persons have already been granted anticipatory bail by this Court in MCRCA No.62 of 2026 and MCRCA No.112 of 2026 vide order dated 13.01.2026 and 21.01.2026 respectively. He further submits that applicant has no previous criminal antecedent, therefore he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel as well as learned counsel for the Objector opposed the prayer for grant of anticipatory bail to the applicant. 5. I have heard learned counsel for the parties and perused all of the 3 documents taken on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, allegation levelled against the preent applicant and further the fact that applicant has no any criminal antecedent and co-accused persons have already been granted anticipatory bail by this Court in MCRCA No.62 of 2026 and MCRCA No.112 of 2026 vide order dated 13.01.2026 and 21.01.2026 respectively therefore, I am inclined to extent the benefit of Section 482 of the B.N.S.S. to the applicant on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Sunil Kumar 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