1 2025:CGHC:16688 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2827 of 2025 1 - Tankeshwar Rajput @ Tinku S/o Harendrapal Rajput Aged About 30 Years R/o Sanjay Nagar, Chantidih Bilaspur, Police Station - Sarkanda, District- Bilaspur (C.G.) 2 - Harsh Rajput @ Harsh S/o Harendrapal Rajput Aged About 20 Years R/o Sanjay Nagar, Chantidih Bilaspur, Police Station - Sarkanda, District- Bilaspur (C.G.) ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station - Sirgitti, District- Bilaspur (C.G.) .. Respondent For applicants : Shri Rajeev Kumar Dubey, Advocate. For Respondent/State : Shri Sakib Ahmed, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.14 12:36:17 +0530 2 bail to the applicants who have been arrested in connection with Crime No.566/2024 registered at Police Station Sirgitti, District - Bilaspur (C.G.) for the offence punishable under Sections 204, 307, 331(3), 61, 3(5) of Bharatiya Nyaya Sanhita, 2023. 3. Case of the prosecution, in brief, is that on 14.08.2024 the complainant Krishna Kumar Mishra lodged a written report at Police Station Sirgitti alleging inter-alia that on 13.08.2024 at night at about 9.00 pm he came back his home then his wife Gomti Mishra disclosed him that in the afternoon between 12.00 to 01.00 pm, 4 male and 2 female entered into his house and they introduced themselves as Crime Branch Officers and ID were wore in their neck. 2 women caught hold his wife and Anjani Mishra and they were saying them that if they will move then they will kill them and they started to search a box which was kept by one Vidya Prakash Pandey resident of Sakri and they ran away taking that box. Then the complainant told about the incident to Vidya Prakash Pandey through phone call. Then Vidya Prakash Pandey disclosed that money and some documents regarding land have been kept in the box. On basis of aforesaid report, the police of Police Station Sirgitti, Bilaspur registered FIR bearing Crime No. 566/2024 for the offence punishable under Section 204, 307, 331(3), 61, 3(5) of Bharatiya Nyaya Sanhita, 2023 against the unknown persons and investigation was initiated. After completion of entire investigation, charge-sheet has been filed. 4. Learned counsel for the applicants submits that the present applicants are innocent and they have not committed any offence. He would submit that the case is based upon recovery of looted amount. He 3 would submit that as per the prosecution itself, the police seized cash amounting to Rs. 3,90,000/- from the possession of the applicant No.1 and Rs. 92,000/-have been seized from the possession of the applicant No.2. There is no connection between the looted amount and seized amount because complainant Krishna Kumar Mishra has not claimed the looted amount and did not move any application for Supurdnama of looted amount because the complainant could not prove that the aforesaid looted amount belongs to him. He would submit that the case is based upon the memorandum of the co-accused persons and the witnesss of the memorandum namely Anurag Shrivas (PW-01) did not support the case of prosecution. He would submit that at present, the memorandum witness has turned hostile. He would submit that the applicants are in jail since 30/08/2024, charge sheet has been filed and conclusion of trial is likely to take some time, hence he prays for grant of bail to the applicants. 5. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He would submit that bail application of the co-accused person namely Pradeep Kumar Vellapan has been rejected by this Court in MCRC No.880/2025 vide order dated 31/01/2025 and also bail application of co-accused persons namely Sindhu Vaishnav and Smt. Rani Bairagi has already been rejected by this Court vide order dated 3/12/2024 in MCRC No.8413/2024. Also, the applicants alongwith other co-accused persons have committed theft of Rs.1.3 crores and land related documents. Hence, the bail application of the applicants is liable to be rejected. 4 6. I have heard learned counsel for the parties and perused the case diary. 7. From perusal of the case diary, it transpires that the applicants alongwith other co-accused persons in collusion has committed theft of Rs.1.3 crores and land related documents from the complainant's house and further, bail application of the co-accused person namely Pradeep Kumar Vellapan has been rejected by this Court in MCRC No.880/2025 vide order dated 31/01/2025 and also bail application of co-accused persons namely Sindhu Vaishnav and Smt. Rani Bairagi has already been rejected by this Court vide order dated 3/12/2024 in MCRC No.8413/2024. Therefore, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 8. Accordingly, the bail application of applicant No.1- Tankeshwar Rajput @ Tinku and applicant No.2 Harsh Rajput @ Harsh involved in Crime No.566/2024 registered at Police Station Sirgitti, District - Bilaspur (C.G.) for the offence punishable under Sections 204, 307, 331(3), 61, 3(5) of Bharatiya Nyaya Sanhita, 2023, is rejected at this stage. 9. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously. 10. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri