1 2025:CGHC:16931 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2851 of 2025 Lalji @ Kinka Basod S/o Basant Lal Aged About 33 Years R/o Lamidah, Thana- Sarai, District- Singrauli, Madhya Pradesh. ... Applicant versus State of Chhattisgarh Through Police Station Chakarbhata, District – Bilaspur, Chhattisgarh. …. Non-applicant For Applicant : Mr. Suryapratap Yuddhveer Singh, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 11.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. This is the Second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 272/2024 registered at Police Station – Chakarbhata, District – Bilaspur (C.G.) for the offence punishable under Sections 457, 380, 413 and 34 of the Indian Penal Code (In short, IPC). 3. Case of the prosecution, in brief, is that an FIR was lodged by the Police Station concerned against the applicant alleging that the complainant is running a jewelry shop situated at Hirri Mines, wehre some unknown persons have committed theft of ornaments i.e. Anklet- 100 pieces, Laccha- 5 pairs, Girdle (Kardhan)- 25 pieces, RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Nettle (Bichiya)- 500 pairs, Finger Ring- 300 pieces, Bangles (Children)- 70 pairs, Chain- 50 pieces, Coins- 10 & 5 Gms- 15 pieces, Nosepin- 100 pieces, Old Jewelry- 1.5 Tola, Locket- 5 pieces, statue of deity, Flute and other ornaments made of gold and silver and cash of Rs. 5,000/- whose total amount of Rs. 9,00,000/- (Nine lacs only). During the course of investigation, the jewelry articles was seized from one Sushant Soni who molded the silver ornaments into Bars and gold items into Balls. Therefore, the aforesaid offences were registered against the applicants. 4. First bail application of the applicant was rejected by this Court vide order dated 10.12.2024 passed in MCRC No. 8641/2024. 5. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the bail application of the co-accused person has been allowed vide order dated 10.12.2024 passed in MCRC No. 8641 of 2024. It is submitted that the applicant is in jail since 12.10.2024, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 6. On the other hand, the learned counsel for the State opposes the bail application and submits that the applicant/accused is primarily charged with breaking the lock of the complainant's shop located at Hirri Mines between 8:30 pm on June 12, 2024, and 6:00 am on June 13, 2024, in collusion with other co-accused. They allegedly stolen gold and silver jewelry and cash totaling Rs. 9 lakhs and sold the stolen items to co-accused Sushant alias Manish Kumar Soni. However, from possession of the applicant 2 Kg silver and Rs. 50,000/- cash were seized, on which basis the first bail application of 3 the applicant was rejected by this Court, charge-sheet has been filed before the competent Court. As such, the applicants are not entitled for grant of bail. 7. I have heard learned counsel for the parties and perused the case diary. 8. Taking into consideration the facts and circumstances of the case and also considering the fact that the applicant along with the co-accused allegedly stolen gold and silver jewelry and cash totaling 9 lakhs and sold the stolen items to co-accused Sushant alias Manish Kumar Soni, but considering the fact that the recovery made from possession of the applicant i.e. 2 kg of silver and 50,000/- cash for which no explanation has been given, and on the same basis the first bail application of the applicant was rejected by this Court, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 9. Accordingly, this second bail application of applicant – Lalji @ Kinka Basod involved in Crime No. 272/2024 registered at Police Station – Chakarbhata, District – Bilaspur (C.G.) for the offence punishable under Sections 457, 380, 413 and 34 of the IPC, is rejected at this stage. 10. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 11. 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 Rajshekhar