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2026 DAILYLAW 38836 (CHH)

HARISHANKAR RATHORE v. STATE OF CHHATTISGARH

MCRC/9280/2026 · 2026-10-04

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010356882026 2026:CGHC:43076 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8795 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, Distt. Bilaspur, Chhattisgarh. --- Applicant Versus * - State Of Chhattisgarh Through The Station House Officer, Police Station Sarkanda, Distt. Bilaspur, Chhattisgarh. --- Non-Applicant And MCRC No. 9004 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 Versus * - State Of Chhattisgarh Through - Police Station - Sarkanda, District Bilaspur (C.G.) --- Non-Applicant And MCRC No. 9031 of 2026 * - Heera Prasad Khandekar S/o Bhagatram Khandekar Aged About 51 Years R/o Akash Vihar Colony Ashok Nagar, Plot No. 7, Sarkanda Thana, Sarkanda, Bilapur Tehsil And District Bilaspur C.G. --- Applicant Versus * - State Of Chhattisgarh Through- Police Station Sarkanda District Bilaspur C.G. --- Non-Applicant And Digitally signed by RAMESH KUMAR VATTI Date: 2026.10.06 11:13:54 +0530 2 MCRC No. 9280 of 2026 * - Harishankar Rathore S/o Late Shri Tikaram Rathore Aged About 27 Years R/o 101, Madhuban Road, Dayalband, Tehsil And District - Bilaspur Chhattisgarh --- Applicant Versus * - State Of Chhattisgarh Through P.S. - Sarkanda, District Bilaspur Chhattisgarh --- Non-Applicant For Respective Applicants : Mr. Shivam Mishra, Mr. Ravish Verma, Mr. Sumit Jhawar and Mr. Shyam Kumar, Advocates For Non-Applicant : Mr. Jitendra Shrivastava, Government Advocate with Mr. Kawal Jeet Singh Saini, Deputy Government Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 05/10/2026 1. As all these are the first bail applications under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 preferred by the respective applicants arise out of the same Crime No. 939/2026 registered at Police Station- Sarkanda, District Bilaspur (CG) for commission of offence punishable under Sections 420, 467, 468, 471, 34 and 120-B of IPC, therefore, they are being disposed of by this common order. 2. Case of the prosecution, in brief, is that applicant- Garib Ram Binjhwar (MCRC No. 8795/2026) who is Reader to SDM, Bilaspur; applicant- Akash Kumar Sahu (MCRC No. 9004/2026) who is running Computer- Typing Shop near DLS College; applicant- Heera Prasad Khandekar (MCRC No. 9031/2026) is an Advocate and applicant- Harishankar Rathore (MCRC No. 9280/2026) who is AG-III in Tehsil Office, Bilaspur. Further case of prosecution is that Shri Daulat Ram Thakur, Naib Nazir Grade-II, posted in the office of the Tahsildar, Bilaspur, lodged a written report alleging that the present applicants, along with 3 other co-accused persons, concealed the actual cause of death and fraudulently obtained financial assistance of Rs. 4,00,000/- under the Government scheme for death due to snakebite/poisonous animal bite, thereby causing wrongful loss to the State exchequer and corresponding wrongful gain to themselves. On the basis of the said report, the aforesaid offence was registered against the applicants and other co-accused persons. 3. Learned counsel appearing for the respective applicants would submit that the applicants are innocent and have falsely been implicated in the present case. It is submitted that the applicants neither received any amount nor derived any benefit from the alleged transaction, and no material is available to establish their involvement in the alleged offence. It is further submitted that the co-accused namely- Ashish Mishra and Subhash Chandra have already been granted bail by the High Court vide order dated 18.08.2026 passed in MCRC No. 6956 of 2026 and MCRC No. 6251 of 2026. They would further submit that charge-sheet has already been filed; the applicants are in jail since 11.07.2026, 29.07.2026; and 18.07.2026, and the trial is likely to take some time. They pray for grant of bail to the present applicants on ground of parity. 4. On the other hand, learned counsel for the State would oppose the bail applications and submit that charge-sheet has already been filed before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Having considered the facts and circumstances of the case, the nature of allegations, the fact that charge-sheet has already been filed; the 4 applicants are in jail since 11.07.2026, 29.07.2026 and 18.07.2026, conclusion of trial is likely to take some time. Further, co-accused have already been granted bail by High Court vide order dated 18.08.2026 passed in MCRC No. 6956 of 2026 and MCRC No. 6251 of 2026, I am inclined to allow these applications. Accordingly, all the bail applications are allowed. 7. It is directed that in the event of each of the applicants executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned Trial Court, they shall be released on bail, on 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 him/her from disclosing such fact to the Court; II. They shall not act in any manner which will be prejudicial to a 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 the disposal of the trial; and, IV. They shall not involve themselves in any offence of a similar nature in future. 8. The observation made in the course of this order is only for considering the case of the applicants on the applications for the grant of regular bail. The concerned trial Court shall not be influenced or bound by any observation made in the course of this order. 9. Certified copy as per rules. Sd/- (Rakesh Mohan Pandey) Judge vatti