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2026 DAILYLAW 9992 (CHH)

GOPAL DHIWER v. STATE OF CHHATTISGARH

MCRCA/650/2026 · 2026-05-03

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1 2026:CGHC:20717 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 650 of 2026 Gopal Dhiwer S/o Late Shri Kamal Dhiwer Aged About 55 Years R/o Village Godhi, P.O. Godhi, P.S. Mandir Hasaud, Raipur, District Raipur Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Mandir Hasod, Raipur, District Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. Prateek Sharma, Advocate. For Non-Applicant/State : Mr. Soumya Rai, Dy. Govt. Advocate. For Objector : Mr. Ashish Pandey, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.05.2026 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. 151/2026 registered at Police Station – Mandir Hasaud, District – Raipur (C.G.) for the offences punishable under Sections 318(4), 338, 336(3), 340(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, in brief, the applicant, during the period when he was serving as the Sarpanch of Gram Panchayat Godhi, along with other co-accused Panchas and the Secretary, issued Abadi Pattas ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.05.05 12:48:41 +0530 2 of Government grassland without any authority or jurisdiction. A complaint in this regard was made by the present Up-Sarpanch, Panchas, and other villagers. Accordingly, an offence punishable under Sections 318(4), 338, 336(3), 340(2), and 3(5) of the Bharatiya Nyaya Sanhita has been registered against the applicant and others at Police Station Mandir Hasaud, District Raipur, and the applicant is apprehending his arrest in connection therewith. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the other co-accused persons, namely, Renlal Ratre, Murli Dhruv, Gopal Das Jangade and Ramadhar Ratre have already been granted anticipatory bail by this Court in MCRCA No. 555 of 2026 and MCRCA No. 657 of 2026 vide orders dated 23.04.2026 and 01.05.2026. Therefore, he submits that the present applicant is also entitled to be released on anticipatory bail on the ground of parity. 4. On the other hand, learned State counsel as well as learned counsel appearing for the objector opposed the bail application but could not dispute the fact that the similarly situated co-accused persons have already been granted anticipatory bail by this Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case that in the present case, the co-accused person, namely, Renlal Ratre, Murli Dhruv, Gopal Das Jangade and Ramadhar Ratre have already been granted anticipatory bail by this Court in MCRCA No. 555 of 2026 and MCRCA No. 657 of 2026 vide orders dated 23.04.2026 and 01.05.2026. Therefore, I am inclined to grant anticipatory bail to the present applicant on the ground of parity. 3 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Gopal Dhiwer, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, she shall be released on bail on the following conditions:- (a) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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) he shall not involve himself in any offence of similar nature in future. Sd/ Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek