Citation : 2026 Latest Caselaw 648 Chatt
Judgement Date : 17 March, 2026
1
VAISHALI
LUCKY 2026:CGHC:12694
NAGARIA
Digitally signed by
NAFR
VAISHALI LUCKY
NAGARIA
Date: 2026.03.18
17:15:43 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRCA No. 405 of 2026
• Sunil Kumar Soni S/o Late Shri Jagdish Soni Aged About 42 Years
R/o Beside Choudhari Traders Masanganj, Police Station Civil Line
Bilaspur, Tahsil And District Bilaspur Chhattisgarh 495001
... Applicant(s)
versus
• State of Chhattisgarh Through- P.S. City Kotwali Bilaspur District
Bilaspur Chhattisgarh, 491226
... Respondent(s)
(Cause title is taken from Case Information System)
For Applicant(s) : Mr. Curtis Collins, Advocate For Respondent(s) : Mr. Sourabh Sahu, Panel Lawyer
Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board
17/03/2026
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.106/2026 registered at Police Station - City Kotwali, District:
Bilaspur, C.G. for the offence punishable under Sections 296, 351(3),
351(4) of Bhartiya Nyay Sanhita, 2023 and 67 of I.T. Act.
2. Case of the prosecution, in brief, is that I am working as an office
bearer in the Marwadi Soni Samaj and also as the President of the
Sarafa Association. That my uncle, Jagdish Soni's son, Deepak Soni,
was married in the year 2015 to Nidhi Soni, who is the sister-in-law
of Sunil Soni's brother, Subhash Soni. After a few years of marriage,
due to mutual disputes between the husband and wife, both parties
filed criminal cases against each other in April 2025, which are
presently pending before the competent Court. On the date of the
incident, Subhash Soni and Sunil Soni called me from mobile
number 9827994162 and threatened me, stating that I should not
interfere in between, and that they would illegally extract gold, silver
and money from Deepak Soni in the name of divorce. They further
threatened that if I intervened, they would get me killed. Thereafter,
senior office bearers of the society and I facilitated mediation between
both parties for an amicable settlement. Due to my intervention,
Sunil Soni, who is an advocate by profession, could not falsely
implicate Deepak Soni and his family members in fabricated cases
nor could he obtain unlawful gain in the name of divorce by
demanding gold, silver and cash. As a result, being frustrated, Sunil
Soni repeatedly threatened to falsely implicate me in criminal cases,
used abusive language, and threatened to kill me. personal matter,
otherwise they would not spare me and would use force against me.
On 20.10.2025, Sunil Soni's sister, Savita Soni, through her
Facebook ID (Savita Ravindra Soni), sent highly objectionable and
abusive messages to me on my Facebook Messenger. In the said
messages, she used offensive and defamatory language against me
and my family and warned me not to misuse my position in society.
She further threatened that if I did not stop interfering, I would face
serious consequences. Despite making complaints at the social level
within their family, their family members, including Ravi Soni, used
abusive language towards me and stated that their family is
influential and that I would not be spared. Sunil Soni portrays
himself as a powerful senior advocate and, along with his relative
Montu Soni (resident of Kharsia), has been continuously threatening
to kill me. In this regard, I had earlier lodged complaints with the
police on 22.11.2025 and 05.07.2025. From 27.04.2025 till date, I
have been continuously threatened by Sunil Soni, Subhash Soni,
Ravi Soni, Montu Soni and Savita Soni, who have been abusing me
and issuing threats to kill me, due to which I am under constant fear
and apprehension regarding my life and property.
3. Learned counsel for the applicant submitted applicant is innocent
and has falsely been implicated in the present case. It is further
contended that the present case is a result of personal enmity and is
a clear counterblast arising out of a matrimonial dispute between the
applicant's close relative, Deepak Soni, and his wife, wherein multiple
litigations are already pending between the parties since April 2025.
The applicant, being a respectable member of society and holding the
position of office bearer in the Marwadi Soni Samaj as well as
President of the Sarafa Association, had merely intervened to
facilitate an amicable settlement between the parties. Due to such
intervention, the complainant side, particularly Sunil Soni and his
relatives, who intended to extract unlawful monetary and valuable
consideration in the name of divorce, developed animosity against the
applicant. That prior to the registration of the present case, the said
persons had repeatedly threatened the applicant with dire
consequences, including false implication in criminal cases, and had
extended threats to his life. The applicant had also made prior
complaints to the police authorities on 05.07.2025 and 22.11.2025
regarding such threats and harassment, which clearly demonstrates
that the applicant is a victim of ongoing intimidation rather than an
offender. Furthermore, abusive and defamatory communications
were sent to the applicant through social media platforms, evidencing
a continuous pattern of harassment. That the present FIR has been
lodged with malafide intention solely to pressurize and harass the
applicant and to deter him from supporting his relative in the
matrimonial dispute. It is further contended that Sections 296,
351(3), 351(4) of BNS are bailable in nature and Section 67 of the I.T
Act is non-bailable, from perusal of the FIR, no allegation under
Section 67 of IT Act is made against the applicant and said Section
has been wrongly invoked. He further submits that applicant has no
criminal antecedent, therefore, applicant is entitled to be released on
anticipatory bail.
4. On the other hand, learned State counsel, appearing for the non -
applicant/State, opposes the prayer for grant of anticipatory bail to
the applicant.
5. I have heard learned counsel for the parties and perused the
materials available on record.
6. Considering the facts & circumstances of the case, submission of
learned counsel for the parties, materials available on record,
considering the fact the present case is a result of personal enmity
and is a clear counterblast arising out of a matrimonial dispute
between the applicant's close relative, Deepak Soni, and his wife,
wherein multiple litigations are already pending between the parties
since April 2025. The applicant, being a respectable member of
society and holding the position of office bearer in the Marwadi Soni
Samaj as well as President of the Sarafa Association, had merely
intervened to facilitate an amicable settlement between the parties,
therefore, I am inclined to grant anticipatory bail to the present
applicant on the ground of parity.
7. Accordingly, the instant MCRCA is allowed and it is directed that in
the event of arrest of the applicant - Sunil Kumar Soni, on executing
a personal bond and one surety in the like sum to the satisfaction of
the arresting Officer, he shall be released on bail on the following
conditions:-
(a) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court.
(b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial.
(c) The applicant 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 their 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) The applicant shall not involve himself in any offence of similar nature in future.
Sd/-
(Ramesh Sinha) Chief Justice
Vaishali
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