1 CGHC010336542026 2026:CGHC:38803 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8063 of 2026 Sahil Soni S/o Sanjay Soni Aged About 21 Years R/o Bhawani Nagar Kota, Police Station Saraswati Nagar Tehsil And District Raipur C. G. ... Applicant versus State of Chhattisgarh Through Police Station Khamhardih, District Raipur C. G. ... Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate For Non-applicant/State : Mr. Saumya Rai, Deputy Govt. Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.09.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 153/2026 registered at Police Station- Khamhardih, District Raipur, (C.G.) for the offence punishable under Sections 331(4), 305(a), 317(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant runs a gold and silver jewellery business in the name and style of “Lakshya RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Jewellers”, situated on Lodhipara Road near Arogya Hospital, within the jurisdiction of Police Station Khamhardih. It is alleged that on 09 May 2026, at about 9:15 PM, the complainant and his younger brother, Lakshya Murpani, closed the shop as usual, secured the outer shutter with two locks and left for their residence. Various gold and silver ornaments, gold coins, gold biscuit pieces and approximately Rs.15,000/- in cash were allegedly kept inside the shop. As the following day was Sunday, the shop remained closed. On 11 May 2026, at about 11:00 AM, when Lakshya Murpani went to open the shop, he found the shutter closed but both locks missing. Upon opening the shop, he found the premises ransacked, with empty boxes scattered and the jewellery and cash missing. The complainant and his father were informed and, upon reaching the spot, they allegedly found that approximately 500 grams of gold ornaments, 15 kilograms of silver ornaments and Rs.15,000/- in cash, having a total estimated value of about Rs.90 lakhs, had been stolen. It is further alleged that the CCTV footage revealed that two unknown persons had cut open the locks and entered the shop between about 2:00 AM and 3:00 AM on the intervening night of 10 and 11 May 2026 and committed the theft. Hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and that he has no connection whatsoever with the alleged offence. It is further submitted that the prosecution case against the applicant is based primarily on suspicion and the memorandum statement of a 3 co-accused, and that the applicant has neither any acquaintance nor any connection with the other co-accused persons. He further submits that the applicant is entitled to the benefit of parity, as similarly situated co-accused Kaushal Kumar Sah, who was also implicated on the basis of a memorandum statement and from whom similar silver articles, namely a silver coin, ring, bunch of keys and bracelet, were allegedly seized, has already been granted regular bail by this Court vide order dated 18.08.2026 passed in MCRC No. 7630 of 2026. It is submitted that the present applicant stands on the same footing as the said co-accused. He further submits that there are serious procedural irregularities in the manner of the applicant’s arrest and alleged seizure, inasmuch as the applicant was deboarded from a train at Shikohabad Railway Station on 17.05.2026 on the instructions of the police, but no search was conducted at the railway station, thereafter, he was handed over to the police staff of Police Station Khamhardih and brought to Raipur, and a notice under Section 35(3) of the BNSS was subsequently issued to him on 18.05.2026, whereas the alleged seizure of articles from his pocket and purse was shown on 19.05.2026 at about 7:00 PM. It is lastly submitted that the applicant is a young person aged about 21 years, has no criminal antecedents, is a regular student pursuing graduation and has a clean background, he is in jail since 19.05.2026, the charge-sheet has already been filed before the competent Court and trial is likely to take some more time. Hence, he prays that the applicant may kindly be enlarged on bail. 4 4. On the other hand, learned counsel for the State opposes the bail application of the applicant and submits that the charge-sheet has been filed before the competent Court. He also submits that the allegations against the applicant are serious in nature, relating to the theft of gold and silver ornaments and cash worth approximately Rs.90 lakhs from the complainant’s jewellery shop. It is submitted that during investigation, the involvement of the applicant has emerged on the basis of the memorandum statement of a co- accused and the subsequent seizure of silver articles allegedly connected with the offence from the possession of the applicant. He further submits that the applicant’s alleged role cannot be brushed aside merely on the ground that he was not named in the FIR, as the investigation has subsequently disclosed his involvement in the commission of the offence. Hence, considering the seriousness of the offence and the material collected during investigation, he prays for rejection of the bail application. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions made by learned counsel for the parties and the material available on record, this Court finds that though the allegation against the applicant is that he was involved in the theft of gold and silver ornaments and cash worth approximately Rs.90 lakhs from the complainant’s jewellery shop and that certain silver articles were allegedly seized from his possession, but the prosecution case against him is primarily based upon the 5 memorandum statement of a co-accused. It is also relevant to note that the co-accused Kaushal Kumar Sah, who was allegedly implicated on similar material and from whom similar silver articles were seized, and who has already been granted bail by this Court vide order dated 18.08.2026 in MCRC No.7630 of 2026. Further considering the fact that the applicant has no criminal antecedents, is a young person aged about 21 years and is a student pursuing graduation, the applicant is in jail since 17.05.2026 and the charge- sheet has already been filed, thereby indicating that his further custodial detention is not required for the purpose of investigation. Without expressing any opinion on the merits of the case, and considering the principle of parity, the period of custody undergone, absence of criminal antecedents and the fact that the trial is likely to take some time, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let the applicant - Sahil Soni, involved in Crime No. 153/2026 registered at Police Station- Khamhardih, District Raipur, (C.G.) for the offence punishable under Sections 331(4), 305(a), 317(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two local sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in 6 court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan