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2026 DAILYLAW 7892 (CHH)

SOMU SEN GUPTA v. STATE OF CHHATTISGARH

MCRCA/594/2026 · 2026-04-20

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Judgment text

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1 2026:CGHC:18138 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 594 of 2026 Somu Sen Gupta S/o Late Rishikesh Sen Gupta Aged About 24 Years R/o Shivaji Nagar Thana - Civil Line Rampur Distt- Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through S.H.O.Out Post- Manikpur Police Station - Kotwali, Distt- Korba (C.G.) ... Non-applicant For Applicant : Mr. Samir Singh, Advocate For State/Non-applicant : Ms. Sameeksha Gupta, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.04.2026 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 918/2025, registered at Police Station- Out Post- ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.04.23 15:27:05 +0530 2 Manikpur, Police Station- Kotwali, District– Korba, (C.G.) for alleged commission of o昀昀ence punishable under Sections 309 (6), 3(5) of BNS, 2023. 2. The case of the prosecution, in brief, is that on 21.12.2025 at about 2:30 AM, while the complainant was proceeding from Dadarkhurd, the present applicant along with co-accused persons allegedly arrived at the spot in a Scorpio vehicle bearing registration No. CG 12 BQ 1355, assaulted the complainant, and snatched a gold chain weighing approximately 20–22 grams along with cash of ₹75,000, and thereafter 昀氀ed from the spot. Subsequently, the report was lodged and on the basis thereof, the aforesaid o昀昀ence was registered and taken up for investigation. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated, as the FIR was initially lodged against unknown persons and the injuries are simple in nature. It is further submitted that similarly placed co-accused persons have already been granted bail, the o昀昀ences are triable by the learned Judicial Magistrate First Class, and custodial interrogation is not warranted. The applicant is a permanent resident with no likelihood of absconding or tampering with 3 evidence and undertakes to cooperate with the investigation, hence, he prays for grant of anticipatory bail. 4. Per contra, learned counsel for the State opposes the application and submits that the applicant is involved in a serious o昀昀ence of assault and robbery, wherein valuable articles including a gold chain and cash have been forcibly taken from the complainant. It is contended that the involvement of the applicant has emerged during the course of investigation and custodial interrogation is necessary for e昀昀ective investigation and recovery of the looted property. It is further submitted that, if released on anticipatory bail, the applicant may in昀氀uence witnesses or tamper with evidence, therefore, the present anticipatory bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, particularly the serious nature of allegations involving assault and robbery, the material collected during investigation indicating the applicant’s involvement, his presence at the spot as re昀氀ected 4 from the complaint, and his implication in the memorandum statement of a co-accused, this Court is of the considered opinion that prima facie involvement of the applicant is established. In such circumstances, custodial interrogation of the applicant appears necessary for e昀昀ective investigation and recovery of the looted property, and the possibility of tampering with evidence or in昀氀uencing witnesses cannot be ruled out. The plea that the FIR was initially lodged against unknown persons and that the injuries are simple in nature does not mitigate the gravity of the o昀昀ence at this stage. In view of the foregoing discussion, this Court does not 昀椀nd it a 昀椀t case to grant anticipatory bail to the applicant. Accordingly, the application stands rejected. 7. Accordingly, the Anticipatory Bail application of the applicant – Somu Sen Gupta, Crime No. 918/2025, registered at Police Station- Out Post- Manikpur, Police Station- Kotwali, District– Korba, (C.G.) for alleged commission of o昀昀ence punishable under Sections 309 (6), 3(5) of BNS, 2023 is rejected. Sd/ Sd/- (Ramesh Sinha) Chief Justice Arpan