Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 30869 (CHH)

SMT. ROSHNI SHARMA v. STATE OF CHHATTISGARH

MCRCA/1301/2026 · 2026-08-11

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010294832026 2026:CGHC:35628 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1301 of 2026 Smt. Roshni Sharma W/o Shri Surendra Mishra Aged About 28 Years R/o Fauzdaar Paara, Police Station City Kotwali, Tehsil Raigarh, District Raigarh Chhattisgarh, Present Address Village Chitwahi, Police Station Tamnar, District Raigarh Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through O3cer In-Charge, Police Station City Kotwali, Raigarh District Raigarh Chhattisgarh ... Non-applicant(s) For Applicant : Mr. Pawan Kesharwani, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.08.2026 1. This ;rst anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been ;led by the applicant, who is apprehending his arrest in connection with Crime No. 383/2026 registered at Police Station City Kotwali, Raigarh District - Raigarh, (C.G.) for the o?ence punishable under Sections 305 and 331(4) of BNS. 2. Case of the prosecution, in brief, is that the complainant, namely, Smt. Saudamini Mishra, lodged a written report before Police KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Station City Kotwali, Raigarh alleging that when she opened the almirah in her house on 26.06.2026, she found that the gold and silver ornaments kept therein were missing. It was alleged that some unknown person had committed theft of various gold and silver ornaments, including earrings, chains, rings, bangles, pendants, anklets and other articles, collectively valued at approximately Rs.5,42,705/-. It was further alleged that despite making enquiries from the family members, the whereabouts of the ornaments could not be ascertained. On the basis of the said report, Crime No.383/2026 came to be registered on 16.07.2026 against unknown persons for the aforesaid o?ences and investigation was taken up. 3. Learned counsel for the applicant submits that the applicant happens to be the daughter-in-law of the complainant. It is submitted that though some theft is alleged to have been committed in the house of the complainant and the FIR has been registered against unknown persons, the applicant has unnecessarily been suspected in the matter. It is further submitted that during the course of investigation, the applicant has been called to the concerned Police Station on ;ve occasions and she has fully cooperated with the investigating agency. It is also submitted that despite repeated interrogation, no recovery whatsoever has been e?ected from the possession of the applicant. Learned counsel further submits that the applicant has every apprehension of her arrest merely on the basis of suspicion and therefore, she deserves to be protected by way of anticipatory bail. 3 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submits that the investigation is still in progress and the allegations relate to theft of valuable gold and silver ornaments from the house of the complainant. It is submitted that the investigation is at a crucial stage and, therefore, the applicant is not entitled to the discretionary relief of anticipatory bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, particularly the fact that the FIR has been registered against unknown persons and the present applicant is the daughter-in-law of the complainant and further the fact that during the course of investigation, the applicant has been called to the concerned Police Station on ;ve occasions and she has fully cooperated with the investigating agency pursuant to the notices issued by the police and no recovery has been e?ected from the possession of the applicant till date and there is nothing on record to indicate that the applicant has failed to cooperate with the investigation. Accordingly, this Court is inclined to extend the bene;t 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 – Smt. Roshni Sharma, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting O3cer, she shall be released on bail on the following conditions:- (a) The applicant shall not directly or indirectly make any 4 inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her 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 her 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 veri;ed by the trial Court. (e) The applicant shall not involve herself in any o?ence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Kunal