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2026 DAILYLAW 22186 (CHH)

VIJAY KUMAR v. STATE OF CHHATTISGARH

MCRCA/832/2026 · 2026-06-16

Transfer Petitionbody2026

Judgment text

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1 2026:CGHC:24462 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 832 of 2026 • Vijay Kumar S/o Chotelal Jaisawal Aged About 40 Years R/o Village Vidyanagar, Sirmina, Police Station Ratanpur, District- Korba (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through Station In- Charge Kotmi Kala Outpost Police Station - Pendra, Distt. Gaurela- Pendra- Marwahi (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Ram Avtar Mishra, Advocate For Respondent(s) : Mr. Soumya Rai, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17/06/2026 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.56/2026 registered at Police Station – Pendra, District: GPM, C.G. for the offence punishable under Sections 318(4), 3(5) of Bhartiya Nyay Sanhita, 2023. 2. In short, the prosecution case is that the complainant, Sochin Kumar, after his retirement, received retirement benefits amounting to approximately 90 lakhs. Through Itab Kanwar, he came into ₹ VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.06.19 11:09:54 +0530 2 contact with Prakash Kanwar, who, along with co-accused persons, induced him to purchase gold at a highly discounted price. To gain his confidence, the accused initially provided gold-like coins which, upon testing, were found to contain gold. Thereafter, relying on the representations made by the accused persons, the complainant paid an advance amount of 5,00,000/- and subsequently a further sum ₹ of 10,00,000/- for the purchase of gold coins. However, when the ₹ coin supplied to him was tested by a jeweller, it was found to be made of brass and contained no gold. The accused persons thereafter became unavailable and refused to return the money. It is alleged that Prakash Kanwar, Ramprasad Korram, Sattu and another co- accused, acting in conspiracy, dishonestly induced and cheated the complainant, thereby causing him a loss of 15,30,000/-. On the ₹ basis of the complaint, FIR bearing Crime No. 56/2026 was registered against the accused persons. 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, namely Shyamratan Soni has preferred anticipatory bail application bearing MCRCA No.602/2026, which was allowed by this court on 23.04.2026, and copy of the same is annexed herewith as Annexure A/4, 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, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail to the applicant and submits that applicant has one criminal antecedent and details of the same is mentioned in the bail application at paragraph No.4 and he could not disputed the fact that 3 co-accused, namely Shyamratan Soni has preferred anticipatory bail application bearing MCRCA No.602/2026, which was allowed by this court on 23.04.2026. 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 only one criminal antecedent and co-accused, namely Shyamratan Soni has preferred anticipatory bail application bearing MCRCA No.602/2026, which was allowed by this court on 23.04.2026, therefore, I am inclined to grant anticipatory bail to the present applicant 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 – Vijay Kumar on executing a personal bond and one local 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 their adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall 4 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