1 2025:CGHC:13396 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2230 of 2025 Pooran Yadav S/o Tularam Yadav Aged About 25 Years R/o Panarapara Devda, P.S.- Bhanpuri, District- Bastar (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Police Station Farasgaon, District- Kondagaon (C.G.) ... Respondent(s) For Applicant(s) : Mr. Karan Kumar Baharani, Advocate. For Respondent(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 169/2024, registered at Police Station Farasgaon, District- Kondagaon (CG) for the offence punishable under Sections 305-A, 331(4), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. The prosecution story in brief, is that the complainant Radheshyam Nag who is operator of R.S. Fules Petrol Pump has lodged the FIR and alleged that in between 06.12.2024, at 07.00 P.M. to 07.12.2024 at 09:00 A.M., some unknown persons had entered into the fuel station room and had stolen Rs.1,30,000/- and one Vivo mobile phone kept in drawer, thereafter, offence has been registered against unknown person and during the course of investigation, it was found that present applicant alongwith other co-accused persons have committed the alleged offence and subsequently, they have been arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that only on the basis of memorandum statement of co- accused, present applicant has been made an accused, further no Test Identification Parade has been conducted by the prosecution to prove the guilt of the applicant. He also submits that nothing has been seized from the possession of applicant. The applicant is in jail since 19.12.2024 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits 3 that applicant alongwith other co-accused persons had entered into the fuel station room and had stolen Rs.1,30,000/- and one Vivo mobile phone kept in drawer and there is recovery of Rs. 65,000/- from present applicant, further applicant has one criminal antecedent of identical nature, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that applicant alongwith other co-accused persons were alleged to have entered into the fuel station room and had stolen Rs.1,30,000/- and one Vivo mobile phone kept in drawer and there is recovery of Rs. 65,000/- from present applicant, so far as criminal antecedent of the applicant is concerned, applicant has one criminal antecedent of identical nature, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant-Pooran Yadav, involved in Crime No. 169/2024, registered at Police Station Farasgaon, District- Kondagaon (CG) for the offence punishable under Sections 305-A, 331(4), 3(5) of BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to 4 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. Sd/- (Ramesh Sinha) Chief Justice Akhil