Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 7785 (CHH)

SHYAMRATAN SONI v. STATE OF CHHATTISGARH

MCRCA/602/2026 · 2026-04-22

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:18732 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 602 of 2026 Shyamratan Soni S/o Shri Baran Lal Soni Aged About 52 Years R/o Village- Vidyanagar, Sirmina, Police Station- Ratanpur, District Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through Station-In-Charge, Kotmi Outpost, Police Station- Pendra, Distt. Gaurela-Pendra-Marwahi (C.G.) ... Respondent For Applicant : Ms. Neeta Tulsani Thawani, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.04.2026 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 - Gaurela-Pendra- Marwahi (C.G.) for the offences punishable under Section 318(4) 3(5) of the BNS and Section (420, 34 of the IPC). VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.23 17:53:49 +0530 2 2. The prosecution story in brief is that the complainant, Sochin Kumar, a retired individual, received Rs.90,00,000 as retirement benefits and later came into contact with Itab Kanwar and his brother-in-law. Prakash Kanwar. In January 2026, Prakash informed him about discounted gold available through his associates. Trusting him, the complainant paid Rs.5,00,000 in advance and traveled with his wife and sister-in-law to Baikunthpur, where sample coins were shown and verified as genuine. Later, through further communication involving Sattu and Ramprasad Korram, he was persuaded to deposit Rs.25,000 and subsequently bring Rs.10,00,000 in cash for purchasing gold. On January 22, 2026, he handed over the amount to Sattu, who gave him a coin wrapped in cloth and fled. Verification revealed the coin was brass. The accused persons conspired to cheat him, causing a total loss of Rs.15,30,000 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted that as no transaction has ever taken place between him and the complainant and no money has been transferred to his account. The complainant has neither identified the applicant as the person who cheated him nor has any Test Identification Parade been conducted. The alleged mobile number used in the offence does not belong to the applicant, and even the name mentioned by the complainant (“Sattu”) does not correspond to the applicant’s actual name, which is Shyamratan Sond. The applicant is merely an acquaintance of the main accused, who has already been released in light of the judgment of the Hon’ble Supreme Court in Arnesh Kumar vs. State of Bihar. The alleged offence is triable by a Magistrate and the trial is likely to take 3 considerable time for its conclusion. It is further submitted that the applicant has already been acquitted in Crime No. 179/2024 by the learned 7th Additional Sessions Judge, Ambikapur (Surguja) vide judgment dated 12.12.2025. The applicant is a respectable member of society, and his arrest would cause irreparable harm to his reputation. He undertakes that, if granted anticipatory bail, he will not influence or intimidate any witnesses, will fully cooperate with the investigation, and is ready to furnish adequate surety while abiding by all conditions imposed by this Hon’ble Court. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, this Court, without expressing any opinion on the merits, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Shyamratan Soni, 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) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to 4 dissuade him from disclosing such fact to the Court. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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 his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav