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2026 DAILYLAW 9867 (CHH)

RAMADHAR RATRE v. STATE OF CHHATTISGARH

MCRCA/657/2026 · 2026-04-30

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Judgment text

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1 2026:CGHC:20504 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 657 of 2026 1 - Ramadhar Ratre S/o Late Shri Jagdev Ratre Aged About 57 Years Presently Posted As Secretary, Gram Panchayat, Godhi, P.O.- Godhi, P.S.- Mandir Hasaud, Raipur, District- Raipur (C.G.) --- Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Mandir Hasaud, Raipur, District Raipur (C.G.) --- Non-applicant For Applicant : Shri Prateek Sharma, Advocate. For State/Non-applicant For Objector : : Dr. Sourabh Kumar Pandey, Dy. A.G. Shri Harshwardhan Rastogi, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 01/05/2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) has been NIKITA JAIN Digitally signed by NIKITA JAIN Date: 2026.05.04 10:47:48 +0530 2 filed by the applicant, who is apprehending his arrest in connection with Crime No.151/2026 registered at Police Station – Mandir Hasaud, Raipur (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that the co-accused, namely Gopal Dhiwar, during his tenure as Sarpanch of Gram Panchayat Godhi, in connivance with the present applicant and the then Secretary, allegedly issued abadi pattas in respect of Government grassland without any lawful authority or jurisdiction. It is further alleged that the Secretary attempted to tamper with and destroy official records of the Gram Panchayat. On the basis of a complaint lodged by the present Sarpanch, Panchas, and other villagers, a criminal case bearing Crime No. 151/2026 has been registered at Police Station Mandir Hasaud, District Raipur, for offences punishable under Sections 318(4), 338, 336(3), 340(2) and 3(5) of the Bharatiya Nyaya Sanhita. In connection with the said crime, the applicant apprehend his arrest. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated, as no ingredients of the alleged offences are made out and the FIR has been lodged without any substantive documentary evidence, there being no original abadi patta issued by the applicant. It is contended that his implication is solely based on disputed photocopies, which he denies, and no specific role or allegation is attributed to him, while the allegation of destruction of records is confined to the Secretary. It is further submitted that no personal benefit has accrued to the applicant and the prosecution is motivated by political influence and vested interests. 3 The applicant undertakes to cooperate with the investigation, abide by all conditions, and, being permanent residents, there is no likelihood of absconding or tampering with evidence; hence, he deserves to be enlarged on bail. 4. Learned counsel appearing for the objector submits that the entire case is based on one photocopy of abadi patta alleged to be issued to one lady, namely, Anila Thomas and vehemently opposes the bail application. 5. On the other hand, learned State counsel, appearing for the non applicant/State, opposes the prayer for grant of anticipatory bail to the applicant. 6. I have heard learned counsel for the parties and perused all of the documents taken on record. 7. Considering the facts & circumstances of the case, submission of learned counsel for the applicant, materials available on record, also considering the fact that allegations levelled against the present applicant are primarily based on assertions which would be subject to appreciation during trial. Furthermore, the investigation is at a preliminary stage, and no specific circumstances have been brought on record, without commenting on the merits of the case, this Court is of the considered opinion that the applicant has made out a case for grant of anticipatory bail. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Ramadhar Ratre, on executing a 4 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 his 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 himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Nikita