01Facts
The applicant was arrested in Crime No. 314/2026 registered at Police Station Koni, District Bilaspur, for offences under Sections 318, 338, 336, 340 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).
¶ 1The prosecution alleged that the applicant, along with Vijay Jangde and others, concealed the actual cause of death and fraudulently obtained ₹4,00,000 under the Government Snakebite/Poisonous Animal Bite Death Assistance Scheme, causing wrongful loss to the State exchequer.
¶ 2The applicant denied involvement, contending that he neither received nor benefited from the amount and that no substantive documentary or other evidence connected him with the alleged transaction.
¶ 3He had been in custody since 19.06.2026, while a co-accused had been granted bail by the High Court in MCRC No. 7500 of 2026 on 20.08.2026.
¶ 3–4The State opposed bail but submitted that the charge-sheet had already been filed.
¶ 3–402Issues
i.Whether the applicant was entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in view of the allegations, the materials in the case diary, and the filing of the charge-sheet.
¶ 1, 5–6ii.Whether the applicant was entitled to bail on the ground of parity with the co-accused, along with consideration of his period of custody, absence of criminal antecedents, and the anticipated duration of the trial.
¶ 603Law Applied
The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing the High Court’s power to grant regular bail.
¶ 1In exercising that discretion, the Court considered the nature and gravity of the allegations, the applicant’s prima facie position, parity with a co-accused already granted bail, filing of the charge-sheet, absence of criminal antecedents, length of custody, and the likelihood of delay in conclusion of the trial.
¶ 6The Court also imposed conditions requiring attendance, non-seeking of unnecessary adjournments, and personal appearance at significant stages of the trial, with consequences for misuse of bail.
¶ 7Provisions in the judgment · 10 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483Section 84Section 351
Bharatiya Nyaya Sanhita, 2023 Section 318Section 338Section 336Section 340Section 3Section 269Section 209
04Reasoning
The Court found that the applicant’s case stood on the same footing as that of co-accused Dharmendra Yadav, who had already been granted bail.
¶ 6The filing of the charge-sheet reduced the immediate need for custodial investigation.
¶ 6The Court further took into account that the applicant had no criminal antecedents, had remained in judicial custody since 19.06.2026, and that the trial was likely to take considerable time.
¶ 6Balancing these circumstances against the nature and gravity of the allegations, the Court concluded that continued detention was not warranted and that the applicant could be released subject to safeguards securing his presence and preventing abuse of the liberty of bail.
¶ 6–705Holding
The High Court allowed the applicant’s first regular bail application under Section 483 of the BNSS.
¶ 6Sinku Singh Thakur was directed to be released in Crime No. 314/2026 upon furnishing a personal bond with two local sureties in the like sum to the satisfaction of the trial court.
¶ 7Bail was subject to conditions requiring him not to seek adjournments when witnesses were present, to remain present before the trial court as directed, and to appear personally at the opening of the case, framing of charge, and recording of his statement under Section 351 of the BNSS.
¶ 7The order also provided for appropriate proceedings in the event of absence, proclamation, or misuse of bail.
¶ 7Original Court PDF
SINKU SINGH THAKURvsSTATE OF CHHATTISGARH
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