1 2025:CGHC:30686 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3166 of 2025 Jaidev Karmkar S/o Manendranath Karmkar Aged About 54 Years R/o Village Agcha, Post Dangarhat, P.S. Kumarganj, District South Dinajpur (West Bengal) ... Applicant versus State Of Chhattisgarh Through P.S. Sankra, District – Mahasamund, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Utkal Pradhan, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.07.2025 1. This is the First 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. 35/2025 registered at Police Station – Sankra, District – Mahasamund (C.G.) for the offence punishable under Sections 331(4) and 350(A) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. Case of the prosecution, in brief, is that the complaint Devnath Patel lodged the report at the Police Station Sankra that on 21.02.2025 at 9.30 AM he went to Kumbh Mela Praygraj with his family by locking the main door of the house at village Sankara on 24.02.2025 when he RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 returned at 4.15 AM he saw that the latch on the main door was cut with a cutter and the lock was removed and kept in the chair. When he went inside, the contents of the cupboard were scattered and the gold chains kept in the cupboard were missing. Some unknown thief has stolen six pairs of silver weighing 45 grams, one necklace, one earring set of 40 grams, one pair of ear tops, two lockets, one coin of 10 grams, 2 pieces of 10 grams. One necklace and 1 gold chain. Total gold 125 grams worth approximately Rs. 3,80,000/- and six pairs of silver anklets weighing 500 grams worth Rs.18,000/- and cash Rs. 35,000/-. Police arrested the applicants and the co-accused persons. Hence, this application. 3. 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 charge-sheet has been submitted in this case. The applicant is in jail since 07.03.2025, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the bail application and submits that from the perusal of the case-diary it transpires that the applicant along with the co-accused persons are said to have committed theft of gold and silver ornaments from the house of the complainant, and the recovery of the said ornaments have already been made from their possession which have already been identified. As such, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case and also considering the fact that the charge-sheet has been filed in the present case, and from the perusal of the case-diary it transpires that the applicant along with the co-accused persons are said to have committed theft of gold and silver ornaments from the house of the complainant, and the recovery of the said ornaments have already been made from their possession which have already been identified, and no any plausible explanation has been given for the same and it cannot be a case of false implication, thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, this first bail application of applicant – Jaidev Karmkar involved in Crime No. 35/2025 registered at Police Station – Sankra, District – Mahasamund (C.G.) for the offence punishable under Sections 331(4) and 350(A) of the BNS, is rejected at this stage. 8. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of passing of this order, if there is no legal impediment. 9. Office 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