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2025 DAILYLAW 20806 (CHH)

JAIDEV KARMKAR v. STATE OF CHHATTISGARH

MCRC/4416/2025 · 2025-07-03

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Judgment text

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1 2025:CGHC:30690 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4416 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. Basna, 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. 26/2025 registered at Police Station – Basna, District – Mahasamund (C.G.) for the offence punishable under Sections 332(C) and 350(A) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. Case of the prosecution, in brief, is that the complainant Dinesh Kumar Agrawal lodged a report at Police Station concerned that on 12.01.2025, he had gone to Nagpur with his family, after locking the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 main door of the house residing in Jagdishpur Road Basna, on 12.01.2025, when he returned, his maid called to his wife informing that the latch of the house was cut and the lock was removed, when he went inside, he found the contents of the gold jewelry and 05 lakh cash, were stolen by some unknown thief, on the report of the complainant, FIR was lodged to the Police Station concerned and the applicant along with the co-accused persons were arrested. 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 02.04.2025, 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 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. 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 3 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 has 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. 26/2025 registered at Police Station – Basna, District – Mahasamund (C.G.) for the offence punishable under Sections 332(C) 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