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2026 DAILYLAW 8566 (CHH)

ANKIT SONI v. STATE OF CHHATTISGARH

MCRC/3043/2026 · 2026-04-20

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:18216 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3043 of 2026 Ankit Soni S/o Late Shekhar Soni Aged About 19 Years R/o Rawatpura Colony, Mathpuraina, Raipur, Tahsil And District- Raipur (Cg) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station- Mujgahan, District- Raipur (Cg) ... Non-applicant For Applicant : Mr. Shikhar Sharma, Advocate For Non-applicant : Ms. Ritika Verma, P.L. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.251/2025, registered at Police Station : Mujgahan, District- Raipur (C.G.) for the offence punishable under Sections 310(2), 74, 115(2), 127(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 25 & 27 of Arms Act. 2. The case of the prosecution, in brief, on 16.11.2025, the victim ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.04.23 15:27:06 +0530 2 lodged a report at Police Station Mujgahan stating that she was residing at Dream City, Amlideeh, Raipur along with her sister Riya Tirki. It is alleged that on 14.11.2025, upon receiving a phone call from her cousin residing at Atal Kumar Krishna Heights, Kamal Vihar, Raipur informing her that he was unwell, she went to his residence and provided him with food. It is further alleged that at about 12:00 midnight, while she was returning from her cousin’s house, the present applicant along with other persons, impersonating themselves as police officials, entered the room of her cousin, assaulted them, and demanded a sum of 2,00,000/-. ₹ It is further alleged that they forcibly took 7,000/- in cash and ₹ withdrew 9,000/- using their ATM card. The victim has also ₹ alleged that the accused persons inappropriately touched her private parts. Additionally, it is alleged that the accused persons took away their ATM card, Aadhaar card, PAN card, mobile phone, scooty, and gas cylinder. On the basis of the said report, the police registered the crime against the accused persons. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and has neither committed nor participated in any act constituting the alleged offences. It is further contended that the evidence collected by the prosecution is not prima facie sufficient to establish the guilt of the applicant and that, owing to prior family enmity, the applicant has been roped in falsely. It is also submitted that the applicant’s 3 mother is suffering from ill health and is undergoing continuous medical treatment, and there is no other family member available to take care of her, as is evident from the medical documents filed as Annexure A-3. It is further submitted that the applicant has been in judicial custody since 06.02.2025 and the trial is likely to take considerable time for its conclusion. In such circumstances, it is prayed that this Court may be pleased to grant regular bail to the applicant. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel vehemently opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court which clearly establishing the involvement of the applicant in the alleged offence. Considering the gravity of offence and the material collected during investigation, it is prayed that the present applicant is not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case this Court is of the considered view that the applicant has been in judicial custody since 06.02.2025, he has no previous criminal antecedents and the charge-sheet has been submitted before the competent Court and the trial is likely to take considerable time for 4 its conclusion. Without expressing any opinion on the merits of the case, and considering the overall facts and circumstances of the case, the nature of allegations, and the period of detention, this Court is inclined to grant bail to the applicant. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Ankit Soni involved in Crime No.251/2025, registered at Police Station : Mujgahan, District- Raipur (C.G.) for the offence punishable under Sections 310(2), 74, 115(2), 127(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 25 & 27 of Arms Act, be released on bail on furnishing 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 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 misuse the liberty of bail 5 during trial and in order to secure his presence, proclamation under Section 84 of BNSS is issued and the applicant fail 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/- Sd/- (Ramesh Sinha) Chief Justice Arpan