1 2025:CGHC:26491 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1903 of 2025 Sandeep Laxman Bhosle S/o Laxman Bhosle Aged About 38 Years R/o Village And Post - Chakan, District Puna Maharashtra ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - New Rajendra Nagar, District – Raipur, Chhattisgarh ... Non-Applicant For Applicant : Ms. Leelawati, Advocate holding the brief of Mr. Rajeev Kumar Dubey, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer and S.S.Baghel, Deputy Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 20.06.2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.379/2024, registered at Police Station – New Rajendra Nagar, District - Raipur (C.G.) for the offence punishable under Sections 331(1) and 305(1) of Bharatiya Nyaya Sanhita, 2023. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.06.23 16:30:08 +0530 2 2 The case of the prosecution, in brief, is that on 29.09.2024, the complainant reported a burglary where an unknown thief broke into their house, forcing open the almirah's locker, and stole gold ornaments (valued at ₹85,000) and ₹11,000 cash. Based on the report, the police registered FIR No. 379/2024 under relevant sections of the Bharatiyat Nyaya Sanhita, 2023. After investigation, a charge sheet was filed, and the case is pending before the Judicial Magistrate First Class, Raipur, as Criminal Case No. 27259/2024. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the present applicant was arrested on the basis of the memorandum statement of co-accused and there is nothing against the present applicant. He also submits that the seized article was not taken from the possession of the present applicant. He also submits that the applicant has falsely been implicated in 2 other similar criminal cases. He also submits that the charge-sheet has been filed in this case and the applicant is in jail since 25.10.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed. He further submits that from the perusal of the case, it appears that a report has been lodged about theft of a gold mangalsutra, gold ear tops, gold nose pin, gold ring weighing about 14 grams worth about Rs. 85,000/- and cash amounting to about Rs. 11,000/-. During the course of investigation, the applicant was arrested and after taking his memorandum statement, he confessed to have committed theft in Kushabhau Thackeray, New Rajendra Nagar and given the stolen amount of Rs. 2,50,000/- and silver 3 jewellery to another co-accused Kiran Patil. On the basis of which, cash amount of Rs. 1,000/- has been seized from the applicant/accused. Further, the applicant has two previous criminal antecedents of the similar nature which shows that the applicant/accused is a habitual offender of theft and today itself, bail applications in 02 other cases of theft against him have been received for disposal, therefore, the applicant is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant was committed theft of complainant’s house and during the course of investigation, the applicant was arrested and after taking his memorandum statement, he stated that he committed theft in Kushabhau Thackeray, New Rajendra Nagar and given the stolen amount of Rs. 2,50,000/- and silver jewellery to another co-accused Kiran Patil, on the basis of which, cash amount of Rs. 1,000/- has been seized from the applicant/accused. thereafter, on the basis of memorandum statement, besides present one, two other cases were registered against him of similar offence, as such, the present applicant is a habitual offender, furthermore, as of today’s date, two other bail applications of the application related to separate theft cases are listed for disposal against him and the same have been rejected today itself thus, this Court is of the opinion that this is not a fit case to enlarge the applicant on regular bail. 7 Accordingly, the bail application of the applicant - Sandeep Laxman Bhosle involved in Crime No.379/2024, registered at Police Station – New Rajendra Nagar, District - Raipur (C.G.) for the offence punishable 4 under Sections 331(1) and 305(1) of Bharatiya Nyaya Sanhita, 2023, is rejected at this stage. 8 Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9 Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti