Extracted from the PDF above. The PDF is authoritative.
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CGHC010216172026
2026:CGHC:28696
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 838 of 2026 Gopal Sharma S/o Late Rameshwar Sharma Aged About 48 Years R/o Nahariya Baba Road, Yadav Chowk, Janjgir, Police Station -Janjgir, District - Janjgir -Champa, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station Janjgir, District – Janjgir- Champa, Chhattisgarh. ... Non-applicant For Applicant : Mr. Anshul Tiwari, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 09.07.2026
1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 339/2026 registered at Police Station – Janjgir, District – Janjgir-Champa (C.G.) for the offence punishable under Sections 121(2), 132, 221, 226, 296 and 324(3) of the BNS and Section 3 of Prevention of Damage to Public Property Act, 1984. 2. The prosecution story, in brief, is that the present accused, Gopal Sharma, had earlier submitted a complaint application dated 15.11.2025 relating to a money transaction dispute. It was informed to him by the Police officers that the facts mentioned in the complaint were civil in nature, yet he continued to repeatedly press for action by making continuous representations at the police station. Thereafter, on RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 16.04.2026 at about 10:30 PM, the accused came to Police Station Janjgir, and started hurling obscene abuses in filthy language at the staff on duty as well as the Station House Officer. When the on-duty staff tried to pacify him, he continued to insist on action being taken on his complaint and kept pressurizing the police personnel. During this time, the accused forcibly pushed the door of the lock-up and entered inside, where he secretly carried a small plastic bottle containing some liquid substance and consumed the same. Immediately thereafter, he collapsed on the spot. He was then taken for treatment to the District Hospital, Janjgir by the on-duty staff, along with one reporter, Alok Pandey, who was present at the police station from village Banari. While being taken to the hospital in the government patrolling vehicle, the accused allegedly manhandled the police staff, caught hold of their throat, abused them, and despite being restrained, broke the glass of the rear side window of the vehicle.
Consequently, against the accused, Police Station Janjgir registered an FIR. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case. It is further submitted that the applicant had been continuously approaching Police Station Janjgir in connection with lodging of an FIR against one Om Prakash Jaiswal, alleging that the said person had dishonestly induced the applicant by making false representations and thereby took an amount of Rs.5,00,000/- from the applicant by cheating and deceitful means, and the applicant was repeatedly seeking lawful assistance and intervention from the concerned Police authorities for taking
3 appropriate action against the said persons, however, instead of providing necessary legal assistance and conducting proper inquiry on the complaint made by the applicant, the present FIR has been lodged against the applicant himself. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6.
Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, it transpires that the applicant had been continuously approaching Police Station Janjgir in connection with lodging of an FIR against one Om Prakash Jaiswal, alleging that the said person had dishonestly induced the applicant by making false representations and thereby took an amount of Rs.5,00,000/- from the applicant by cheating and deceitful means, and the applicant was repeatedly seeking lawful assistance and intervention from the concerned Police authorities for taking appropriate action against the said persons, however, instead of providing necessary legal assistance and conducting proper inquiry on the complaint made by the applicant, the present FIR has been lodged against the applicant himself, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 4
7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Gopal Sharma, on executing a personal bond with 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 their adhaar card alongwith a colored 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 themself in any offence of similar nature in future. Sd/-
(Ramesh Sinha) CHIEF JUSTICE Rajshekhar