1 2026:CGHC:24962 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 907 of 2026 Nikhil Soni S/o Late Bajarang Soni, Aged About 29 Years R/o Agrasen Chowk, Thomas Colony, Korba Tehsil And District Korba (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station - Civil Lines Rampur Korba District Korba (C.G.) ... Non-applicant For Applicant : Mr. Sanjay Patel, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. Govt. Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.06.2026 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. 280/2026 registered at Police Station Civil Lines, Rampur District - Korba, (C.G.) for the offence punishable under Sections 305(a), 317(2) and 3(5) of BNS. 2. The prosecution case, in brief, is that the complainant lodged an FIR before the concerned Police Station stating therein that she is KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 working as an Assistant Teacher and is posted at Government Primary School, Kurudmaal. She alleged that on 14.03.2026, at about 10:30 p.m., she had kept her jewellery in the locker of an almirah. However, on 28.03.2026, when she opened the locker, she found that the jewellery worth ₹1,50,000/- had been stolen by an unknown person. Accordingly, an FIR was registered against an unknown person. During the course of investigation, the police found that the son of the present applicant had stolen the jewellery and had subsequently sold the same to the applicant and another co-accused. Therefore, aforementioned offences were registered against the accused. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the theft was allegedly committed by the complainant's own son, who is the main accused in the case and has already been granted bail by the learned Chief Judicial Magistrate, Korba. It is further submitted that the co-accused, against whom there is an allegation of melting the stolen jewellery, has also been granted bail by the learned 1st Additional Sessions Judge, Korba vide order dated 20.04.2026 passed in Bail Application No. 196/2026. He further contends that the applicant had purchased the jewellery from the main accused, who had produced the purchase receipt thereof, and the applicant had no knowledge or reason to believe that the said property was stolen. It is further submitted that the essential ingredients of the offences alleged against the applicant are not made out and so far as the 3 criminal antecedents of the applicant are concerned, the applicant had three criminal antecedents of similar nature and in all cases he has been acquitted as the same has been explained in the bail application of part-D criminal antecedent. The applicant is ready to cooperate with the investigation, no custodial interrogation is required, and therefore, he is entitled to the benefit of anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submits that during the course of investigation it has been found that the stolen jewellery was sold by the main accused to the present applicant and another co-accused. It is further submitted that the applicant is a recipient of the stolen property and the allegations against him are supported by the material collected during investigation. Learned State counsel further submits that the applicant has criminal antecedents of similar nature and, therefore, his conduct does not warrant the exercise of discretionary relief under Section 482 of the BNSS. Considering the nature and gravity of the allegations, the involvement of the applicant in the commission of the offence, and the requirement of a fair and effective investigation, it is submitted that the applicant is not entitled to the extraordinary relief of anticipatory bail and the application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 4 6. Considering the facts and circumstances of the case, nature of allegations levelled against the applicant, the fact that the allegation against the present applicant is only that he had purchased the jewellery allegedly sold by the main accused, the submission that he had no knowledge or reason to believe that the property in question was stolen, the fact that the main accused, the complainant's son, has already been granted bail by the learned Chief Judicial Magistrate, Korba, and the co-accused, against whom there is an allegation of melting the stolen jewellery, has also been granted bail by the learned 1st Additional Sessions Judge, Korba vide order dated 20.04.2026 passed in Bail Application No.196/2026. This Court also takes note of the fact that though the applicant has three criminal antecedents of a similar nature, he has been acquitted in all the said cases, as detailed in Part-D of the bail application and therefore the same do not disentitle him from seeking the discretionary relief. Further considering that the custodial interrogation of the applicant does not appear necessary at this stage, without commenting upon the merits of the case, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Nikhil Soni, on executing a personal bond and 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 5 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 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 Kunal