1 2025:CGHC:16197 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2724 of 2025 Mahendra Deewan S/o Phool Das Deewan Aged About 25 Years R/o Chitalanka, Kalar Para, Awarbhata, P.S.- Dantewada, District - South Bastar Dantewada (C.G.) ... Applicant versus State of Chhattisgarh Through - Police Station - Geedam, District - South Bastar Dantewada (C.G.) ... Non-applicant For Applicant : Mr. Praveen Kumar Tulsyan, Advocate For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 07.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. 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. 104/2024, registered at Police Station- Geedam, District - South Bastar Dantewada, (C.G.) for the offence punishable under Sections 305-A, 331(4) of Bhartiya Nyay Sanhita. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 3. The prosecution story in brief, is that the complainant, Gajadhar Savita, lodged an F.I.R. alleging that between 06.10.2024 and 07.10.2024, some unknown person entered the canteen and stole Rs. 7,88,000/-. During the investigation, it was found that the present applicant had committed the alleged offence. Accordingly, the police registered the F.I.R. and arrested the present applicant on the basis of his memorandum statement. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant has neither committed nor participated in any such act, which may amount to any of the offences, mentioned above, he has been arrested only on the basis of suspicious. He further submits that no test identification parade has been conducted by the prosecution to prove the guilt of the applicant. He further submits that nothing stolen property has been seized from the possession of the present applicant. He also submits that the charge-sheet has been filed before the competent Court and he is in jail since 09.10.2024 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 5. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the present applicant committed theft of a total cash amount of Rs. 7,88,000/- from the canteen. She further submits that during the course of investigation, on the basis of CCTV camera footage, the applicant/accused was identified. She also submits that an amount of Rs. 6,15,000/- out of the stolen amount, along with a broken lock, 3 was recovered from the possession of the present applicant, therefore, he is not entitled for grant of regular bail in the present case. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the present applicant committed theft of a total cash amount of Rs. 7,88,000/- from the canteen and during the course of investigation, on the basis of CCTV camera footage, the applicant/accused was identified and further an amount of Rs. 6,15,000/- out of the stolen amount, along with a broken lock, was recovered from the possession of the present applicant, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail, accordingly, the bail application of applicant –Mahendra Deewan, involved in Crime No. 104/2024, registered at Police Station- Geedam, District - South Bastar Dantewada, (C.G.) for the offence punishable under Sections 305-A, 331(4) of Bhartiya Nyay Sanhita, is rejected. 8. 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. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan