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2026 DAILYLAW 28727 (CHH)

LAKHMU RAM NETAM v. STATE OF CHHATTISGARH

MCRCA/1175/2026 · 2026-07-23

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 CGHC010275262026 2026:CGHC:31748 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1175 of 2026 1 - Lakhmu Ram Netam S/o Mahadev Aged About 56 Years R/o Village Karpawand Distt. Bastar Chhattisgarh 2 - Lokendra Nishad S/o Manbodh Nishad Aged About 42 Years R/o Village Karpawand Distt. Bastar Chhattisgarh ... Applicants versus State Of Chhattisgarh Through P.S. Karpawand Distt. Bastar Chhattisgarh ... Non-applicant For Applicant : Shri Vikash A. Shrivastava, Advocate. For Non-applicant : Smt. Smriti Shrivastava, PL. Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board 24/07/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No.41/2026 registered at Police Station Karpawand, District KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.24 19:19:06 +0530 2 Bastar, (C.G.) for the offence punishable under Sections 132, 221, 296, 3 (5), 351 (2) of the BNS. 2. Case of the prosecution is that on 19/06/2026 complainant Devendra Shrivas has lodged a written complaint with the P.S. Karpawanbd stating that on the faithful day he went along with his officials and police force to Village Karpawand to hand over possession of the disputed land to one Seraram. During the process of handing over the possession of the said land, Sarpanch Lakhmu Ram Netam and his companions Panch Lokendra Nishad, Dakendra Netam, Maniram Baghel and other persons started opposing the measurement. During this, at about 2:00 pm, Sarpanch Lakhmu Ram Netam and Lokendra Nishad instigated the people by saying, "Don't let them measure the land”. Lokendra Netam and Maniram Baghel said that they would not allow the land to be measured. Thereafter they obstructed the work of measurement and started arguing with Government employees. They also threatened to kill him by throwing him on the ground. On seeing this, the police force and the Tahsildar intervened. On such complaint, the FIR has been registered. Hence the bail application. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. He further submits that during measurement of disputed land, the complainant measured the land in a wrong way. When the applicants being Sarpanch and Panch opposed the same, the 3 complainant threatened the present applicants and abused them, because of which the complainant has lodged the false complaint. Hence, it is prayed that the applicants be granted anticipatory bail. 4. On the other hand, learned counsel appearing for the non - applicant/State opposes the anticipatory bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature of allegations, the material available on record, the fact that the applicants are Sarpanch and Panch, respectively, further considering that during measurement of the disputed land, the complainant threatened and abused the present applicants because of which the present FIR has been registered, this Court is of the considered opinion that custodial interrogation of the applicants does not appear necessary at this stage. Further, the applicants are permanent residents, have no criminal antecedents and have expressed their willingness to cooperate with the investigation, without commenting on the merits of the case, this Court is of the considered opinion that the applicants deserve to be enlarged on anticipatory bail. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Lakhmu Ram Netam & Lokendra Nishad, they shall be released on anticipatory bail on each of them furnishing a personal bond in the sum of 4 Rs.50,000/- and one surety to the satisfaction of the Arresting Officer, subject to the following conditions:- (a) The applicants 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 applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) The applicants and the surety shall submit a copy of her 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 applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ravindra Kumar Agrawal) Judge Barve