1 2025:CGHC:14598 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2404 of 2025 Bhangu Dawar S/o Kaloo Dawar Aged About 25 Years R/o Narwali, Police Station Tanda, District Dhar, (M.P.) ... Applicant versus State Of Chhattisgarh Through The Police Station Bhilai Nagar, District Durg Chhattisgarh ... Non-applicant For Applicant : Ms. Ghanshyam Kashyap, Advocate For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 26.03.2025 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. 273/2024, registered at Police Station : Bhilai Nagar, District- Durg (C.G.) for the offence punishable under Sections 457, 380, 411, 414 and 34 of the IPC. 2. The case of the prosecution, in brief is that the complainant lodged an FIR against unknown person before the Police Station on 18-06- 2024 with the averment that on 15-06-2024, he had gone to West KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Bengal with his family. On 17-06-2024 at around 6:00 pm, his colleagues called and informed that the door of his house was opened and it seemed that there was a theft. After this, when he reached home on 18.06.24, he saw that the main door of the house was broken. All the items and clothes kept in the cupboard in the bedroom were scattered. Gold jewellery kept in the cupboard which included necklace, nose ring, ear ring, pendant, women's ring, men's ring, children's ring, a pair of bangles weighing about 150 grams, silver bangles weighing about 150 grams and a golden coloured imported watch worth about Rs. 12,00,000/- was stolen from the house by some unknown person. During the course of investigation, the applicant was arrested on 18.10.2024 by Police Station-Bhilai Nagar, District Raipur (CG) for the alleged offence punishable under Sections 457, 380, 411, 414, and 34 of the Indian Penal Code. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that there are two previous criminal antecedents except the present one registered against the applicant. He further submits that he has neither committed nor participated in any crime and the in the present case, no recovery has been made from the present applicant and nothing has been collected by the police against the present applicant. He further submits that the name of the present applicant is not mentioned in the F.I.R. and the FIR has been registered in the name of an unknown person, the applicant has been arrested only on the basis of suspicion which is not 3 permissible and the applicant is in jail since 28.01.2025 and the conclusion of the trial is likely to take some time therefore he prays for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the prayer for grant of bail to the applicant and submits the fact that in the present case, charge-sheet has been filed before the competent Court and the applicant has two previous criminal antecedents except present one for the similar offence. He further submits that the applicant along with co-accused have committed theft in the complainant’s house and had stolen i.e. gold jewelry (necklace, nose ring, ear ring, pendant, ladies' ring, gents' ring, children's ring and a pair of bangles) weighing around 150 grams, silver bangles weighing around 150 grams, and an imported golden-colored watch worth approximately ₹12,00,000/-. Accordingly, the present applicant is not entitled for grant of bail. 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, nature and gravity of allegation levelled against the applicant and the fact that in the present case, charge-sheet has been filed before the competent Court moreover, the applicant has two previous criminal antecedents except present one for the similar offence and further the fact that the applicant along with co-accused have committed theft in the complainant’s house and had stolen i.e. gold jewelry (necklace, nose ring, ear ring, pendant, ladies' ring, gents' ring, children's ring and a pair of bangles) weighing around 150 4 grams, silver bangles weighing around 150 grams, and an imported golden-colored watch worth approximately ₹12,00,000/-.however, there is no recovery made from the applicant’s possession in the present case but also looking to the seriousness of this case, I am not inclined to grant bail to the applicant. 7. Accordingly, the bail application of the applicant namely Bhangu Dawar, Crime No. 273/2024, registered at Police Station : Bhilai Nagar, District- Durg (C.G.) for the offence punishable under Sections 457, 380, 411, 414 and 34 of the IPC , is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce 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 Kunal