1 2025:CGHC:19733 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3029 of 2025 Ali Kumar Rathore S/o Singal Singh Rathore Aged About 23 Years R/o Ward No. 15, Shivnimalwa, Police Station - Shivnimalva, District- Hoshangabad (Madhya Pradesh), At Present R/o Khallari, District- Mahasamund (C.G.) ... Applicant versus State of Chhattisgarh Through- The Station House OfÏcer, Police Station Pithora, District- Mahasamund, (C.G.) ... Non-Applicant For Applicant : Mr. Shikhar Sharma, Advocate. For Non-Applicant/States : Mr. Bharat Gulbani, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 30.04.2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.237/2024 (as per charge-sheet), registered at Police Station – Pithora, District- Mahasamund (C.G.) for the offence punishable under Sections 305(A) readwith Section 3(5)of Bharatiya Nyaya Sanhita, 2023. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.05.01 17:04:54 +0530 2 2 The case of the prosecution, in brief, is that complainant, namely, Jishan Ahmad had made complaint before the Police Station Pithora stating therein that on 15-12-2024 at about 3.00 PM, some unknown persons broke open the house and made theft of gold and silver ornament and also some cash which was kept in home and also two wrist watch, upon which the offence registered against the unknown persons and upon suspicion two persons were taken into custody and recorded their memorandum and the seizure have been made from the co-accused person Gupta jee. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the applicant have neither committed nor participated in any such act, which may amount to any of the offence, mentioned above. He further submits that the applicant has two previous criminal antecedents and both cases are pending. He also submits that the charge-sheet has been filed and the applicant is in jail since 01.01.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submits that the charge-sheet has been filed. He also submits as per the case diary, it appears that the applicant was involved in the crime. The applicant disclosed in their memorandum that they have stole gold and silver jewelry. According to the seizure memo, the stolen items were recovered from co-accused , namely, Guptaji. He also submits that the present applicant has two previous antecedents of similar nature which shows that the applicant is a habitual offender, hence, the present bail application is liable to be dismissed. 5 I have heard learned counsel for the parties and perused the documents 3 available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that as per the case diary, it appears that the applicant was involved in the crime in question, further the applicant disclosed in their memorandum that they have stole gold and silver jewelry, and according to the seizure memo, the stolen items were recovered from co-accused, namely, Guptaji, also considering the fact that the present applicant has two previous antecedents of similar nature which shows that the applicant is a habitual offender, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7 Accordingly, the bail application of the applicant - Ali Kumar Rathore involved in Crime No.237/2024 (as per charge-sheet), registered at Police Station – Pithora, District- Mahasamund (C.G.) for the offence punishable under Sections 305(A) readwith Section 3(5)of Bharatiya Nyaya Sanhita, 2023, is rejected at this stage. 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 Preeti