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2026 DAILYLAW 37281 (CHH)

KUSH KUMAR GUPTA v. STATE OF CHHATTISGARH

MCRC/8821/2026 · 2026-09-25

Shri Parth Prateem Sahu

body2026

Judgment text

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1 / 5 CGHC010356942026 2026:CGHC:42017 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8807 of 2026 Garib Ram Binjhwar S/o Shri Pardeshi Ram Binjhwar Aged About 33 Years R/o 27 Kholi, Vikash Nagar, Bilaspur, P.S. Civil Lines District- Bilaspur (C.G.) --- Applicant (s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Sarkanda District- Bilaspur (C.G.) --- Respondent(s) For Applicant : Mr. Shivam Mishra, Advocate For State : Mr. Anant Bajpai, Panel Lawyer MCRC No. 8821 of 2026 Kush Kumar Gupta S/o Late Bodhram Gupta Aged About 39 Years R/o Village Khairgarh, Police Station Saria, District Sarangarh, Bilaigarh, Chhattisgarh. --------Presently Residing At Mahavir City, Rajkishore, Nagar, Ankita, Sharma House, B- 53, Police Station Sarkanda, District Bilaspur Chhattisgarh. ---Applicant (s) Versus State Of Chhattisgarh Through - S H O. Police Station Sarkanda, District Bilaspur C. G. --- Respondent(s) Digitally signed by PRAVEEN KUMAR SINHA Date: 2026.09.28 15:36:31 +0530 2 / 5 For Applicant : Mr. Sajal Kumar Gupta, Advocate For State : Mr. Avinash Singh, Govt. Advocate Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 26/09/2026 1. Since MCRC No. 8807 of 2026 and MCRC No. 8821 of 2026 arise out of the same crime number, both the applications are being heard together and are being disposed of by this common order. 2. Applicants hae filed these bail applications under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as they have been arrested in connection with Crime No. 940 of 2026 registered at Police Station –Sarkada, District-Bilaspur (C.G.) for commission of offence punishable under Sections 318 (4), 336 (3), 338, 340 (2), 3 (5), 61 (2) of BNS respectively. 3. Case of the prosecution, in brief, is that an inquiry was conducted in connection with certain deaths allegedly caused by snakebite/poisonous creatures within Tahsil Bilaspur. During course of such inquiry, certain cases were found to be prima facie suspicious, including cases falling within the jurisdiction of Police Station Sarkanda. It was allegedly found that, in certain cases, the actual cause of death had been concealed and the deaths were projected as having occurred due to snakebite/poisonous animal bite, with the intention of obtaining financial assistance from the Government under the concerned welfare scheme. It is further alleged that, on the basis of such misrepresentation and forged and fabricated documents submitted in support thereof, amount of Rs. 4,00,000/- was obtained from the Government in each of such 3 / 5 death cases, thereby causing wrongful loss to the Government exchequer and corresponding wrongful gain to the persons concerned. During the course of the inquiry, the present applicants were allegedly found to be involved in the aforesaid offence and were accordingly arrested. 4. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. The allegation against the applicants is that they, in connivance with other members of the group, facilitated and projected the death of the deceased as having been caused by snakebite, with the intention of illegally obtaining financial benefits under the Government scheme, pursuant to which a sum of Rs. 4 lakh is payable to the family members of a person who dies due to snakebite. Investigation is complete and charge-sheet has been filed. No further custodial interrogation of the applicants are required. It is also submitted that the trial is likely to take considerable time to conclude. In these circumstances, applicants may kindly be released on bail. 5. On the other hand, learned State counsel opposes the submission advanced by learned counsel for the applicants and submits that the applicants are involved in four other cases of a similar nature registered at Police Station Sarkanda. However, learned State counsel does not dispute the fact that the charge-sheet has already been filed in the present case. 6. I have heard learned counsel for the parties and perused the documents placed on record. 7. Taking into consideration the facts and circumstances of the case, nature of allegation, investigation is complete, charge sheet has been 4 / 5 filed and that applicants are in jail since 18.07.2026 and 12.07.2026 respectively, I am inclined to allow both the applications. 8. Accordingly, both the applications allowed. It is directed that the applicants shall be released on regular bail on each of them furnishing a personal bail bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that:-. “(a) The applicants shall file an undertaking to the effect that she 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. (b) The applicants shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (c) In case, the applicants misuse the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (d) The applicants 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 her in accordance with law.” 5 / 5 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Praveen