1 2026:CGHC:3596 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.119 of 2026 Avinash Ram S/o Jai Ram Aged About 27 Years Cast- Uraon Village- Rani Bagicha, Purna Nagar, District- Jashpur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Narayanpur, District- Jashpur (C.G.) ... Non-applicant For Applicant : Mr. Sameer Uraon along with ML Sakat, Advocates. For Non-applicant/State : Shri. SS Baghel, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.01.2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.114/2025 registered at Police Station – SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.01.23 10:25:51 +0530 2 Narayanpur, District – Jashpur (C.G.) for the offence punishable under Sections 305(a) and 331(4) of the Bharatiya Nyaya Sanhita, 2023 (In short, BNS) and Section 3(5) of the said Act (though Section 3(5) is not mentioned in the FIR). 2. That, as per the case of prosecution story, on 5/12/2025 First Information Report was lodged by complainant Sushma Nikunj wife of Vijay Kumar Nikunj District regional transport officer against the present applicant Avinash and others. It was alleged in the report that on 27.8.2025 when complainant along with her husband and nephew visited her matrimonial house, it was found that lock of internal door is broken and brown suitcase kept inside the storage of the bed is missing in which fifteen lakhs of cash and gold coin were stored. The ancestral/matrimonial house of complainant is resided by brother-in-law, sister-in-law, mother-in-law of complainant along with co-accused Minal Nikunj (niece of complainant). When complainant enquired from residing family member then niece of complainant confessed that when her boyfriend instigated her for stealing, she along-with her friend Alisha Bhagat went to the house at night and broke open the door with the help of iron rod and committed theft. Further, she confessed that the stolen gold was sold in Raurkela Odisha on 3.7.2025, which was assisted by present applicant in 3 selling the same. It is alleged that complainant came to know about the theft on 27.8.2025 and it was reported to the police on 5.12.2025 i.e. after more than three months. Based on the aforesaid incident, the offence has been registered against the applicant. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further argued that co-accused Minal Nikunj has stolen the gold ornaments from the house of the complainant and she has married to one of the co-accused Anil Pradhan. It is submitted that two co-accused were arrested and sent to jail and from the memorandum statement of the co-accused, some of the gold ornaments weighing 3.63 kgs were recovered. Shri Uraon vehemently argued that the applicant has only facilitated in getting the two co-accused married and the present applicant was falsely implicated in the present case. It has been submitted that no explanation was offered by the complainant with regard to delay in informing the police and the report was made only after her niece and one of the co-accused got married on 4.12.2025 as her parents did not approve the marriage with her boy friend. He further submits that no seizure of gold or any other item was made by the prosecuting agency from the 4 possession of the present applicant and he has no previous criminal antecedents and prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, further considering that it is a case of theft and recovery is to be made from the two co-accused and also considering that the 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 – Shri Avinash Ram, filed under Section 482 of the BNSS, 2023 in connection with Crime No. 114/2025, registered at Police Station – Narayanpur Nagar, District – Jashpur (C.G.) for the offence punishable under Sections 305(a) and 331(4) of BNS, 2023 is rejected. Sd/- (Ramesh Sinha) CHIEF JUSTICE Priya