1 CGHC010222922026 2026:CGHC:29141 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 863 of 2026 Hemant Soni, S/o. Chintamani Soni Aged About 40 Years R/o. Sadar Bazar, Dhamtari, Police Station City Kotwali, Dhamtari, District Dhamtari, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station - City Kotwali Dhamtari, District - Dhamtari, Chhattisgarh. ... Non-Applicant For Applicant : Shri Mohd. Afroz Athar, Advocate appearing through VC. For Non-Applicant : Shri Jitendra Shrivastava,GA For Complainant : Shri Navin Shukla, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10/07/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.135/2026 registered at Police Station – City Kotwali, KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.13 12:37:21 +0530 2 Dhamtari, District Dhamtari (C.G.) for the offence punishable under Section 316 (1) & 316 (2) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. The prosecution story, in brief, is that the complainant lodged a written complaint with the concerned Police Station stating that the complainant knew the applicant, as the father of the applicant had been working in the shop of the complainant. The applicant would take gold from the shop of the complainant and sell the same to the customers and after selling the gold, he would make payment for the gold. It is alleged that in the month of February, 2026, the applicant had taken 212.770 grams of gold worth Rs.34 lakhs from the complainant and had given Rs.15 lakhs and did not pay the remaining amount of Rs.19 lakhs and had told the complainant that he had received a check of Rs.19 lakhs from the customer. It is further alleged that on 2.3.2026, the applicant took 13 gold ornaments weighing 318.950 grams on the pretext of showing the same to the customers to sell the same, but the applicant neither returned the gold nor paid for the same. Thereafter the FIR was lodged. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that as instructed by the complainant the applicant sold 212 grams of gold jewellery to the customers on installments. The applicant received Rs.19 lakhs and handed it over to the complainant. As there was delay on the part of the customers to 3 make payments, the complainant pressurized the applicant to pay the balance amount and forced him to give blank cheques. If the applicant had taken 212 grams of gold and has not paid the whole consideration, it was very unlikely that the complainant would give additional 318.950 grans of gold to the applicant without payment. Therefore the applicant may be released on bail. 4. On the other hand, learned State counsel and learned counsel for the complainant opposes the prayer for grant of anticipatory bail to the applicant. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts and circumstances of the case, and the fact that the applicant has already returned an amount of Rs.19 lakhs to the complainant, this Court is inclined to extend the benefit of 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 – Hemant Soni, on executing a 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) He should 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. 4 (b) He should not act in any manner which will be prejudicial to fair and expeditious trial. (c) he should 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 sureties shall submit a copy of their 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) He should not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Barve