1 2025:CGHC:26488 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3444 of 2025 Kiran Patil S/o Baban Patil Aged About 35 Years R/o Kumathe Tash Gaon Taluka, P.S. Chakan, District Pune (Maharastra). At Present Residing Village Chhatti, P.S. Kurud, District Dhamtari Chhattisgarh. (As Per Challan) … Applicant versus State of Chhattisgarh Through New Rajendra Nagar, 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.379/2024, registered at Police Station – New Rajendra Nagar, District - Raipur (C.G.) for the offence punishable under Sections 331(1) and 305(1) of Bharatiya Nyaya Sanhita, 2023. 2 The case of the prosecution, in brief, is that on 28.09.2024, the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.06.23 16:30:08 +0530 2 complainant left his fifth-floor residence locked, and upon returning at 3:00 pm, found the door broken and items scattered. The locker inside the cupboard was also broken, and gold jewelry (valued at ₹85,000) and ₹11,000 cash were stolen. The total loss was approximately ₹96,000. A crime was registered, and during the investigation, statements were recorded, and a site map was prepared. The case is based on the memorandum of the arrested accused, Kiran Patil. 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 25.10.2024 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 as per the report a theft report of a gold mangalsutra, gold ear tops, gold nose pin, gold ring weighing about 14 grams totaling about Rs. 85,000/- and cash amounting to about Rs. 11,000/- has been registered. The applicant has been arrested along with another accused Sandeep Bhosale. As per the memorandum given by the applicant Kiran Patil confessed to have committed theft in Kushabhau Thackeray, New 3 Rajendra Nagar. On the basis of which, cash amounting to Rs. 1,75,000 and Rs. 25,900, totaling Rs. 2,00,900/-, was seized from the applicant/accused. Apart from this, an iron knife, an iron-made pistol, two magazines, three live cartridges, a motorcycle and a car were seized. Further, the applicant has two previous criminal antecedents of the similar nature which shows that the applicant/accused is a habitual offender of theft 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 has been arrested along with another accused Sandeep Bhosale and as per the memorandum given by the applicant Kiran Patil confessed to have committed theft in Kushabhau Thackeray, New Rajendra Nagar, on the basis of which, cash amounting to Rs. 1,75,000 and Rs. 25,900, totaling Rs. 2,00,900/-, was seized from the applicant/accused, apart from this, an iron knife, an iron-made pistol, two magazines, three live cartridges, a motorcycle and a car were seized 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. 4 7 Accordingly, the bail application of the applicant - Kiran Patil involved in Crime No.379/2024, registered at Police Station – New Rajendra Nagar, District - Raipur (C.G.) for the offence punishable under Sections 331(1) and 305(1) 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 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