1 2025:CGHC:26489 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3378 of 2025 Kiran Patil S/o Baban Patil Aged About 35 Years R/o Kumathe Tash Gaon Taluka, P.S. Chakan, District- Pune (M.H.) At Present Residing - Village Chhatti P.S.- Kurud, District- Dhamtari Chhattisgarh, (As Per Challan) ... Applicant versus State of Chhattisgarh Through P.S.- Civil Line, District- Raipur, Chhattisgarh. ... Non-Applicant For Applicant : Ms. Madhunisha Singh, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer and S.S.Baghel, Deputy Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 20.06.2025 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.517/2024, registered at Police Station – Civil Line, District- Raipur (C.G.) for the offence punishable under Sections 331(3), 305 and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2 The case of the prosecution, in brief, is that the complainant, an PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.06.23 16:30:08 +0530 2 Insurance Advisor at LIC Office, Raipur, reported that on 28.09.2024, he left his flat (A-504, Shriram Heritage Society) locked. Upon returning after his house maid informed him of the door being open, he found his house burgled, with Rs.1,82,000/- cash stolen from the almirah. His neighbor's house was also burgled, with theft of jewelry (including diamond and gold ornaments) and Rs.5,000/- cash. The police registered FIR No. 517/2024 under relevant Sections of the Bharatiya Nyaya Sanhita, 2023, and after investigation, filed a charge sheet. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. She further submits that the present applicant has no role in the present crime, and he was neither part of the alleged incident nor was he present anywhere near the alleged site of incident. She further submits that the applicant was not named in the present FIR nor any allegation was levelled against him by the complainant. She also submits that the applicant has falsely been implicated in multiple cases solely on the basis of memorandum statement in the present case. She also submits that the charge-sheet has been filed in this case and the applicant is in jail since 07.10.2024 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 submitted that the charge-sheet has been filed. He further submits that from the perusal of the case, it appears that the applicant was committed theft of complainant’s house and during the course of investigation, the applicant was arrested and after taking his memorandum statement, he stated that the accused/applicant are jointly accused of breaking the lock of the complainant's residential house and 3 entered his house and stolen cash and jewellery worth more than Rs. 5,00,000/- and the applicant has seven previous cirminal antecedents, out of which, two cases were registered against him of similar offence, as such, the present applicant is a habitual offender further, and today itself, bail applications in 02 other cases of theft against him have been received for disposal, therefore, the applicant is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused the documents 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 the applicant was committed theft of complainant’s house and during the course of investigation, the applicant was arrested and after taking his memorandum statement, he stated that the accused/applicant are jointly accused of breaking the lock of the complainant's residential house and entered his house and stolen cash and jewellery worth more than Rs. 5,00,000/- and thereafter, on the basis of memorandum statement, besides present one, two other cases were registered against him of similar offence, as such, the present applicant is a habitual offender, furthermore, as of today’s date, two other bail applications of the application related to separate theft cases are listed for disposal against him and the same have been rejected today itself thus, this Court is of the opinion that this is not a fit case to enlarge the applicant on regular bail. 7 Accordingly, the bail application of the applicant - Kiran Patil involved in Crime No.517/2024, registered at Police Station – Civil Line, District- Raipur (C.G.) for the offence punishable under Sections 331(3), 305 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 4 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti