1 2025:CGHC:23852 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 838 of 2025 Khemnath Soni S/o. Late Shri Badariprasad Soni Aged About 42 Years R/o. Village - Ghoghapara, Shivrinarayan, P.S. Shivrinarayan, Dist. Janjgir- Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through - S.H.O., P.S. Gidhouri-Tundra, Dist. Balodabazar-Bhatapara (C.G.) ... Respondent For Applicant : Shri H.V. Sharma, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 13/06/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.91/2025, registered at Police Station Gidhouri-Tundra, Dist- Balodabazar-Bhatapara(C.G.) for alleged commission of offence punishable under Sections U/s 331 (4), 305 (a), 3 (5) of BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.16 17:51:41 +0530 2 2. Case of the prosecution, in brief, is that co-accused Dipak Yadav, Rahul Yadav, Bhagwat Yadav and Laxmi Lal Yadav have given their memorandum statement during investigation, that they have committed planned theft at Vill-Ghatmadava from a house on 11.05.2025. The accused after breaking door removed golden locket in two numbers small in size, one golden locket of big size, one pair of silver Payal one gold fulli, one redmi mobile and cash Rs. 15000- from Almira and sold the silver payal to the Astha Jewelers Sheorinarayan, similarly the co- accused have committed theft in the house of Keshar Sahu and Radheshyam Sahu and removed golden locket, silver payal and 61000/- cash from the house of Keshar Sahu the articles were put in the box to which they thrown in open field. The articles one pair payajets, one pair payal silver bangle four in number, golden locket, in number one golden fulli and Rs. 3000-cash were also removed from the house of Radheshyam Sahu and sold the theft articles to the applicant’s shop Astha Jewelers. On the complaint of the complainant P.S Gidhouri-Tundra registered Crime No. 91/2025 for the offence punishable U/s 331 (4), 305 (a), 3 (5) of BNS. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated without material evidence that the applicant has purchased the articles. He would submit that the applicant is apprehending his arrest for the alleged offences only on the basis of memorandum of accused persons and the theft property are common articles without specific identification. He would submit that the applicant is the permanent resident of village Ghoghapara, Shivrinarayan, P.S. Shivrinarayan, Dist-Janjgir-Champa (C.G.) therefore there is no apprehension of his absconding and tampering 3 with the witnesses, therefore he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, also considering the fact that the applicant is said to have purchased the stolen gold and silver articles and also considering the fact that investigation is still going on, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant - Khemnath Soni, involved in Crime No.91/2025, registered at Police Station Gidhouri-Tundra, Dist- Balodabazar-Bhatapara (C.G.) for alleged commission of offence punishable under Sections U/s 331 (4), 305 (a), 3 (5) of BNS is rejected. Sd/-Sd S Sd/- (Ramesh Sinha) Chief Justice gouri