1 2025:CGHC:19419 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3263 of 2025 Lalji @ Kinka Basor S/o Basant Lal Bansor Aged About 24 Years R/o Village Lamidah, P.S. Sarai, District Singrauli (M.P.) ... Applicant(s) versus State Of Chhattisgarh Through The Police Station Akaltara, District Janjgir-Champa (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ritesh Verma, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/04/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 312/2024 registered at Police Station Akaltara, District Janjgir-Champa (C.G.) for the offence punishable under Sections 331(4), 305(A), 3(5) of the Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that on July 1, 2024, at 6:00 AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 P.M., the applicant, Sanjay Pratap Soni, closed his jewelry shop and went upstairs to his house. At 12:30 AM, he checked the doors and shutters of his house and shop and then went to sleep in his upstairs room. On July 2, 2024, at 6:00 A.M., upon reviewing the CCTV footage, he found that three cameras were disabled. Upon inspecting his shop, he discovered that the camera wires were cut, the shutter lock was broken, and the lock was missing. Upon entering the shop, he found that drawers and showcases had been ransacked, and gold and silver ornaments, as well as cash, were missing. After accounting for the missing items, it was estimated that approximately Rs. 4,53,500 worth of gold and silver jewelry and cash had been stolen. Based on the applicant's report, a case was registered at Police Station Akaltara against unknown persons, and the matter was taken up for investigation. During the investigation, it was discovered that the accused, Lalman and Lalji alias Kinka, who were involved in Crime No. 336/2024 under Sections 331(4) and 305(A) at Police Station Seepat, had been interrogated by the Seepat police. Their memorandum statements were recorded, and recovery and seizure of stolen goods were made. They were arrested on August 8, 2024, and sent to judicial custody. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that no TIP (Test Identification Parade) has been conducted by the Investigating OfÏcer and there is no evidence to hold the guilt of the applicant. The applicant is in 3 jail since 08.08.2024, the applicant has three criminal antecedents of the year 2024 under the IPC and BNS, which are pending and against which, applicant has preferred MCRC Nos.2851/2025 and 8641/2024, which were also dismissed by this Court vide orders dated 11.04.2025 and 10.12.2024, respectively, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant alongwith other co-accused persons are alleged to have committed theft in the shop of complainant and has stolen approximately Rs. 4,53,500 worth of gold and silver jewelry and cash, further the applicant has three criminal antecedents of the year 2024 under the IPC and BNS. As such, he is a habitual offender and his bail application is liable to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 08.08.2024, the fact that the applicant alongwith other co- accused persons are alleged to have committed theft in the shop of complainant and has stolen approximately Rs. 4,53,500 worth of gold and silver jewelry and cash, so far as criminal antecedents of the applicant are concerned, applicant has three criminal antecedents of the year 2024 under the IPC and BNS which shows 4 that the applicant is a habitual offender, charge-sheet has been filed in the present case, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. 7. Accordingly, the bail application of applicant-Lalji @ Kinka Basor, involved in Crime No. 312/2024 registered at Police Station Akaltara, District Janjgir-Champa (C.G.) for the offence punishable under Sections 331(4), 305(A), 3(5) of the BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office 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 Akhil