1 2025:CGHC:26487 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4183 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 - 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.389/2024, registered at Police Station – New Rajendra Nagar, District Raipur (C.G.) for the offence punishable under Sections 331(1), 305(1) of Bharatiya Nyaya Sanhita, 2023. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.06.23 16:30:09 +0530 2 2 The case of the prosecution, in brief, is that the complainant and his brother-in-law, Pankaj Kumar Rai, reside at B7, 4th Floor, Kushabhau Thackeray Complex, Raipur. On September 27, 2024, the complainant left for Korba, while his brother-in-law was at home. The next day, the brother-in-law locked the house and left for office. However, he was informed that the house lock was broken. Upon returning home, they found the door open, items scattered, and ₹12,50,000 cash stolen from the cupboard locker. A crime was registered, and during the investigation, statements were recorded, and a site map was prepared. 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 from the perusal of the case, it appears that On observing the case in the context of the arguments presented by both the sides, it is seen that the accused is accused of stealing cash worth Rs. 12,50,000/-. As per the prosecution, the accused has been taken into custody and his 3 memorandum has been taken, in which the applicant has disclosed that he has also committed theft from the building of Kushabhau Thackeray Complex. On the identification of the accused, the stolen money, tools and weapons used in the incident have been recovered from his possession. Further, 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 he has also committed theft from the building of Kushabhau Thackeray Complex, further, the stolen money, tools and weapons used in the incident have been recovered from his possession 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.389/2024, registered at Police Station – New Rajendra Nagar, District Raipur (C.G.) for the offence punishable under Sections 331(1), 4 305(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