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2026 DAILYLAW 9426 (CHH)

GOPAL DAS VAISHNAV v. STATE OF CHHATTISGARH

MCRCA/644/2026 · 2026-04-29

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Judgment text

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1 2026:CGHC:20227 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 644 of 2026 1 - Gopal Das Vaishnav S/o Janakidas Vaishnav Aged About 60 Years R/o House No. 0947, Ward No. 09, Near Mini Stadium Matrichhaya, Phase- Ii, Hanoda, District- Durg (C.G.) 2 - Hemant Pawar S/o Amritlal Pawar Aged About 45 Years R/o House No. A/12 Anmol Falts, Awanti Vihar, Near A T M Chowk Telibadha, Ravigram Raipur, District- Raipur (C.G.) ... Applicant(s) versus 1 - State of Chhattisgarh Through The Station House Officer, Police Station Sirgitt, Distric- Bilaspur (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Ms. Aditi Singhvi, Advocate For Respondent(s) : Mr. Nitansh Jaiswal, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30/04/2026 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.195/2026 registered at Police Station – Sirgitti, District: Bilaspur (C.G.) for the offence punishable under Sections 318(4), 61(2), 336(3), 338, 340(4), 3(5) of Bhartiya Nyay Sanhita, 2023 2. Case of the prosecution, in brief, is that the complainant Vinit Tiwari VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.01 17:39:14 +0530 2 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 complainant 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 has stopped for installation of solar panel and after knowledge of same, the complainant met with the Chief Executive Officer 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. It is also the allegation of the complainant that the applicant had issued a forged work order. 3 3. Learned counsel for the applicant submitted applicant is innocent and has falsely been implicated in the present case. It is further contended that co-accused has preferred anticipatory bail application bearing MCRCA No.567/2026, which was allowed by this court on 20.04.2026 and copy of the same is annexed herewith as Annexure- A/4, therefore, she submits that the present applicants are also entitled to be released on anticipatory bail on the ground of parity. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail to the applicants and submits that applicants have no criminal antecedent, and he could not disputed the fact that co-accused has preferred anticipatory bail application bearing MCRCA No.567/2026, which was allowed by this court on 20.04.2026 and copy of the same is annexed herewith as Annexure-A/4. 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 fact that applicant has no criminal antecedent and co-accused has preferred anticipatory bail application bearing MCRCA No.567/2026, which was allowed by this court on 20.04.2026, therefore, I am inclined to grant anticipatory bail to the present applicants on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant No.1 – Gopal Das Vaishanav and applicant No.2 – Hemant Pawar, on executing a personal bond and 4 one surety each 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 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 Vaishali