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2026 DAILYLAW 14658 (CHH)

PANKAJ DEV v. STATE OF CHHATTISGARH

MCRCA/567/2026 · 2026-04-19

body2026

Judgment text

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1 2026:CGHC:17908 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 567 of 2026 Pankaj Dev S/o Nityanand Dev Aged About 55 Years R/o Pink City Colony, Gayatri Nagar, P.S. Khamhardih, Distt. Raipur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, P.S. Sirgitti, Distt. Bilaspur, Chhattisgarh. ... Respondent For Applicant : Shri Goutam Khetrapal, Advocate. For Respondent/State : Shri Nitansh Jaiswal, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20/04/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.195/2026 registered at Police Station – Sirgitti, District-Bilaspur (C.G.) for the offences punishable under Sections 318(4), 61(2), 3(5), 336(3), 338, 340(2) of Bhartiya Nyay Sanhita, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.21 19:09:53 +0530 2 2. Case of the prosecution, in brief, is that the complainant Vinit Tiwari lodged a written report at Police Station, Sirgitti, alleging therein that he is practicing as an Advocate at District Court, Raipur. He acquainted with the accused Santosh Karn and Gopal Vaishnav, who indulged into installation of Solar Panel and the said Santosh Karn and Gopal Vaishnav have proposed the complainant for doing the work with them for installation of solar panel and for getting good profit and they have also informed that they have obtained the work order for installation of 1000 solar panel in District Balod, therefore on the basis of assurances given by accused, the applicant invested the amount for installation of solar panel. The complainant has paid total 1,33,64,000/- to the accused Santosh Karn and Gopal Vaishnav in the name of installation of solar panel and accordingly the contractor Santosh has started installation of solar panel, but after installation of few solar panel, on 28.04.2025 the said contractor Santosh has stopped for installation of solar panel. The complainant came to know that the Chief Executive Officer, Janpad Panchayat, Doundilohara (present applicant) has stopped for installation of solar panel and after knowledge of same, the complainant met with the applicant and the applicant has informed that he has not issued any work order for installation of solar panel. The complainant asked the accused Santosh Karn and Gopal Vaishnav for return of invested amount, upon which, they issued cheques to the complainant, but the said cheques got dishonoured on account of insufficient fund, thus the accused persons have committed fraud and cheating in the name of installation of solar panel. 3. Learned counsel submits that the applicant is innocent and has been falsely implicated, with no role in the alleged offence. It is contended 3 that the applicant neither committed any cheating nor issued any work order for installation of solar panels. He further submits that, upon learning about unauthorized work orders issued by Sarpanchas, the applicant, in his official capacity as CEO, Janpad Panchayat, took prompt action by issuing restraining memos and informing higher authorities, thereby acting bona fide in discharge of his duties. It is also argued that the alleged payment was made by the concerned Gram Panchayat and the applicant had no involvement. The co-accused has already been granted anticipatory bail. He would further submit that the applicant is a permanent resident of address mentioned in the cause title and there is no likelihood of absconding, the applicant undertakes to abide by any conditions imposed by this Court, therefore, he submits that the present applicant is entitled for grant of anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, considering the nature of allegation against the applicant and also considering the fact that investigation and trial are likely to take some time, without commenting anything on the merits of the case, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Pankaj Dev, on executing a personal 4 bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The applicant 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 from disclosing such fact to the Court. (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri