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2026 DAILYLAW 37781 (CHH)

DARBARI LAL KEWART v. STATE OF CHHATTISGARH

MCRC/8560/2026 · 2026-09-29

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010358012026 2026:CGHC:42535 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8560 of 2026 Darbari Lal Kewart S/o Ramanand Kewart, Aged About 34 Years R/o Ramkrishna Paramhans Nagar, Near Sai Mandir, Post - Koni, Thana Koni, District Bilaspur (C.G.) --- Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Thana Koni, District Bilaspur (C.G.) --- Non-applicant(s) For Applicant : Mr. Suresh K. Verma, Advocate. For Non-applicants/State : Mr. Nitansh Jaiswal, Dy. G.A. MCRC No. 8770 of 2026 Akash Kumar Sahu S/o Shri Bhagat Ram Sahu, Aged About 35 Years R/o Bagdai Mandir, Near D.L.S. College, Ashok Nagar, P.S. Sarkanda Distt. Bilaspur (C.G.) ---Applicant(s) Versus State Of Chhattisgarh Through Police Station Koni, District Bilaspur (C.G.) ...Non-Applicant(s) For Applicant : Mr. Ravish Verma, Advocate. For Non-applicants/State : Mr. Nitansh Jaiswal, Dy. G.A. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Hon'ble Shri. Rakesh Mohan Pandey, Judge Order on Board 30/09/2026 1. Since the above two bail applications are arising out of same crime number, same police station and same offences so they are being heard and decided by this common order. 2. The applicants have preferred these First Bail Applications under Section 483 of BNSS for grant of regular bail, as they have been arrested in connection with Crime No.315/2026, registered at Police Station Koni, District: Bilaspur (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2), 341(2), 341(4) and 3(5) of B.N.S. 3. The case of the prosecution, in brief, is that the complainant Shri Daulat Ram Thakur, Naib Nazir Grade-II, Office of the Tahsildar, Bilaspur, lodged a written report before the concerned police station alleging therein that the present applicants, along with other co-accused persons, by concealing the actual cause of death and falsely projecting the deaths as having been caused by snakebite/poisonous animal bite, fraudulently obtained financial assistance of ₹4,00,000/- under the Government Snakebite/Poisonous Animal Bite Death Assistance Scheme, thereby causing wrongful loss to the State exchequer. On the basis of the said report, Crime No.315/2026 was registered at Police Station Koni, District Bilaspur (C.G.), for the offences punishable 3 under Sections 318(4), 338, 336(3), 340(2), 341(2), 341(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. During investigation, the applicants were allegedly found involved in facilitating the wrongful receipt of the aforesaid financial assistance and were accordingly arrested. 4. Learned counsel for the applicants would submit that the applicants are innocent and have been falsely implicated in the present case. They would further submit that applicant Darbari Lal Kaiwartya is a peon working in IDBI Bank, whereas applicant Akash Kumar Sahu is working as a computer operator/typist at D.L.S. College, Sarkanda, Bilaspur and are not directly involved in the alleged offence. It is contended that the co-accused had brought the prescribed format/application relating to the compensation and instructed applicant Akash Kumar Sahu to type the same and obtain photocopies thereof. The said applicant was not aware of the purpose for which the said application was being prepared or the manner in which it was subsequently used for obtaining compensation. They would further submit that, in other cases relating to similar allegations, the co-accused persons have already been granted bail by a Co-ordinate Bench of this Court in MCRC No. 8168/2026 vide order dated 02.09.2026, MCRC No. 7500/2026 vide order dated 20.08.2026, MCRC No. 6347/2026 vide order dated 20.08.2026 and by this Court in MCRC No. 8579/2026 vide order dated 28.09.2026. They would further submit that applicant Akash Kumar Sahu was taken into custody on 20.06.2026 and on the same date, six other cases of similar nature 4 were registered against him. Mr. Verma would submit that, except for the aforesaid six cases, the applicant has no criminal antecedents. Accordingly, they pray for grant of bail to the applicants. 5. On the other hand, learned State counsel would oppose the prayer for grant of bail and submit that none of the accused persons in the present crime has been granted bail so far. However, he would not dispute the fact that, in other cases involving similar allegations, some of the co-accused persons have been granted bail by this Court/Co-ordinate Bench of this Court. He would further submit that applicant Akash Kumar Sahu has six criminal antecedents and having regard to the nature and seriousness of the allegations as well as his criminal antecedents, the applicants are not entitled to be released on bail. Accordingly, he prays for dismissal of the bail applications. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the overall facts and circumstances of the case, nature and gravity of the allegations levelled against the applicants and particularly, considering the fact that applicant Darbari Lal Kaiwartya is working as a peon in IDBI Bank, whereas applicant Akash Kumar Sahu is working as a computer operator/typist at D.L.S. College, Sarkanda, Bilaspur and there is no specific allegation that either of the applicants had directly obtained or received the amount of compensation under the aforesaid Government scheme, coupled with the fact that in other cases 5 arising out of similar allegations, some of the co-accused persons have already been granted bail by Co-ordinate Benches of this Court and by this Court and further considering the period of detention of applicants and the fact that the investigation has been completed, charge-sheet has already been filed and the conclusion of the trial is likely to take some time and also considering the criminal antecedents of applicant Akash Kumar Sahu, thus without further commenting upon the merits of the case, this Court is of the considered view that the applicants deserve to be released on regular bail. 8. Accordingly, the bail application of the applicants are allowed. It is directed that in the event of the applicants executing a personal bond for a sum of Rs.50,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, they shall be released on bail on the following conditions:- (i) they 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 them from disclosing such fact to the Court; (ii) they shall not act in any manner which will be prejudicial to fair and expeditious trial, & (iii) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. - S/- Sd/- (Rakesh Mohan Pandey) Judge Kunal