1 2025:CGHC:14821 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2402 of 2025 Asif Raza S/o Rahwar Abbas Aged About 24 Years R/o Shahpur Sirpura Police Station Asmoli, District Sambhal (U.P.) 244304. ... Applicant versus State of Chhattisgarh Through S.H.O. Police Station City Kotwali, Dhamtari Chhattisgarh. ... Non-applicant For Applicant : Mr. Awadh Tripathi, Advocate For Non-applicant/State : Ms. Supriya Upasane, Govt .Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS in connection with Crime No. 473/2024, registered at Police Station City Kotwali, District Dhamtari (C.G.) for the offence punishable under Sections 331(4), 305, 3(5) and 317(2) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's story is that on the night of December 6-7, 2024, the applicant searched for the post ofÏce location, jumped over the wall, and hid inside. When the coast was clear, the applicant broke the bathroom door window and entered the post ofÏce, while the co- ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.28 17:17:39 +0530 2 accused waited outside. The applicant then searched the drawers but found nothing, so he proceeded to the locker room, whose gate was chained. He broke the lock using pliers and entered. Inside, the applicant, Asif Raza, used a welding machine to cut open the locker and took the cash and mobile phones, storing them in his bag. Before leaving, he checked the CCTV, opened the DVR box with a screwdriver, and removed the hard disk and cut locker pieces. The two accused then took a bus to Raipur, where they counted the stolen money, totaling Rs 6,68,035/- at a hotel. Post Master Janak Ram Dhruv reported the incident at Dhamtari Police Station on 07.12.2024, leading to the registration of crime number 473/2024 under Section 331(4), 305 B.N.S. The applicant was arrested on 22.12.2024. 3. It has been 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 applicant is the sole breadwinner of his family, and due to his incarceration, the family is facing numerous difÏculties. He also submits that the applicant has only 01 criminal antecedent in which he has already been acquitted. He further submits that the applicant is in jail since 22.12.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the applicant, along with other co- accused, committed theft at a post ofÏce, stealing Rs. 6,68,035/-. 3 From the applicant's possession, Rs. 1,12,605/- were seized, therefore, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case as the applicant, along with other co-accused, committed theft at a post ofÏce, stealing Rs. 6,68,035/-, from the applicant's possession, Rs. 1,12,605/- were seized, hence it does not appear to be proper case to grant benefit of bail to the applicant. 7. Therefore, the bail application filed by the applicant/accused – Asif Raza, involved in Crime No. 473/2024, registered at Police Station City Kotwali, District Dhamtari (C.G.) for the offence punishable under Sections 331(4), 305, 3(5) and 317(2) of the Bhartiya Nyaya Sanhita, 2023, 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek