KAMTA PRASAD SAHU vs STATE OF CHHATTISGARH
- Court
- Chhattisgarh High Court
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CGHC010336652026 2026:CGHC:38817
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 8104 of 2026
Kamta Prasad Sahu S/o Late Ramlal Sahu Aged About 35 Years
Resident Of Village- Pendari, Post Office And Police Station- Sakri,
District- Bilaspur (C.G.)
... Applicant(s)
versus
Digitally
signed by
AKHILESH
KUMAR
DEWANGAN
State Of Chhattisgarh Through- Station House Officer, Police Station-
AKHILESH
KUMAR
DEWANGAN
Civil Line, Bilaspur, District- Bilaspur (C.G.)
... Respondent(s)
For Applicant(s) : Mr. Goutam Khetrapal, Advocate.
For Respondent(s) : Mr. Sumit Singh, Deputy Advocate General.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
02/09/2026
1. This is the first bail application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for
grant of regular bail to the applicant who has been arrested in
connection with Crime No. 843/2026 registered at Police Station
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Civil Line, Bilaspur, District- Bilaspur (C.G.) for the offence
punishable under Sections 420, 467, 468, 471 and 120-B of IPC.
Case of the prosecution, in brief, is that the complainant, Daulat
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Ram Thakur, Naib Nazir Grade-II, posted in the Office of the
Tahsildar, Bilaspur, submitted a written report before Police
Station Civil Lines, District Bilaspur, alleging that the present
applicant, Kamta Prasad Sahu, along 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 report, offences under
Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code,
1860, have been registered at Police Station Civil Lines, District
Bilaspur. Hence, the bail application.
Learned counsel for the applicant submits that the applicant has
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not committed any offence and he has been falsely implicated in
offence in question. He further submits that the present applicant
has no involvement in the alleged conspiracy and has been
falsely implicated in the present case. He also submits that similar
offences relating to alleged misuse of the scheme have also been
registered at Police Stations Sarkanda, Civil Lines and Torwa,
Bilaspur, and this Court, vide orders dated 18.08.2026 passed in
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MCRC Nos. 6205/2026, 6251/2026, 6956/2026 and 6871/2026,
has granted bail to the accused persons. The applicant is in jail
since 19.06.2026, the applicant has only one criminal antecedent
of the year 2024 under the IPC, in which the applicant has been
granted anticipatory bail, charge-sheet has been filed and the trial
is likely to take some time for its conclusion. Therefore, he prays
for grant of bail to the applicant.
4. On the other hand, learned State Counsel opposes the bail
application and submits that the charge-sheet has been filed in
the present case. He further submits that the applicant in
connivance with the co-accused persons deliberately concealed
the actual cause of death and fraudulently 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 himself. Furthermore, the
applicant has one criminal antecedent of the year 2024 under the
IPC. Therefore, the applicant is not entitled for grant of bail.
I have heard learned counsel appearing for the parties and
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perused the case diary.
6. Taking into consideration the facts and circumstances of the case,
nature and gravity of offence, period of detention of the applicant
since 19.06.2026, the fact that though the applicant in connivance
with the co-accused persons deliberately concealed the actual
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cause of death and fraudulently 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
himself, but considering the fact that similar offences relating to
alleged misuse of the scheme have also been registered at Police
Stations Sarkanda, Civil Lines and Torwa, Bilaspur, and this
Court, vide orders dated 18.08.2026 passed in MCRC Nos.
6205/2026, 6251/2026, 6956/2026 and 6871/2026, has granted
bail to the accused persons, so far as criminal antecedent of the
applicant is concerned, the applicant has one criminal antecedent
of the year 2024 under the IPC and charge-sheet has been filed,
this Court is of the view that the applicant is entitled to be
released on bail in this case.
7. Accordingly, the application is allowed.
Let the Applicant- Kamta Prasad Sahu, involved in Crime No.
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843/2026 registered at Police Station Civil Line, Bilaspur, District-
Bilaspur (C.G.) for the offence punishable under Sections 420,
467, 468, 471 and 120-B of IPC, be released on bail on his
furnishing a personal bond with two sureties in the like sum to
the satisfaction of the Court concerned with the following
conditions:-
(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
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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.
9. Office is directed to send a certified copy of this order to the trial
Court for necessary information and compliance.
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
Akhil