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2025 DAILYLAW 21175 (CHH)

KAMLESH SINGH GOND v. STATE OF CHHATTISGARH

MCRC/3548/2025 · 2025-06-25

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:28260 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3548 of 2025 Kamlesh Singh Gond S/o Ramesh Singh Gond Aged About 41 Years R/o - Village Basantpur Dafai, Police Station Chachai, Nagar Panchayat Bargwan, Amlai, District- Anuppur, (M.P.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Darri, Korba District- Korba (C.G.) ... Respondent For Applicant : Shri Sachin Nidhi, Advocate. For Respondent/State : Shri Saumya Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26/06/2025 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.18/2025 registered at Police Station Darri Distt-Korba (CG) for the offence punishable under Sections 305 A, 331 (3), 317(4), 111(2) (B) of BNS 2023. (As per correct details)(Corresponding sec.380, 454, 413, 111 of IPC.) GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.30 14:44:45 +0530 2 2. Case of the prosecution, in brief, is that complainant namely Omprakash Sahu lodged a report against the unknown accused in Police Station- Darri, that he lives with family in a rented house and works as a technician in PowerGrid on 22/01/2025 the complainant had gone to Raipur for official work on 23/01/2025 wife of complainant and children were not present in the home, when the wife of the complainant returned home she saw that the lock of the house was broken and unknown person stolen the cash, gold and silver ornaments total of rupees 75000/- and on the basis of the complainant report the FIR was registered against the unknown accused. Registered the crime no. 18/2025 against the applicant/accused offence punishable U/s 305 A, 331 (3), 317(4), 111 (2) (B) Of BNS 2023 (Corresponding sections 380, 454, 413, 111 of IPC.) 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the name of the applicant was not mentioned in the FIR lodged by the police it was lodged against unknown accused. He would submit that the learned trial court failed to appreciate that seizure made from the present applicant belong to the applicant not the articles of theft. He would submit that the applicant is in jail since 24/03/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. He would submit that the applicant has criminal antecedents of five cases of identical nature of theft in the State of MP which pertains to the year 2022. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, considering the fact that the applicant has criminal antecedents of five cases of identical nature of theft in the State of MP which pertains to the year 2022 which has been mentioned in para 4A of the bail application, so far as the present case is concerned, recovery of silver ornaments have been made which he has failed to give an explanation, also considering the fact the applicant in the State of MP has committed identical offences and thereafter he has started committing offences of the same nature in the State of Chhattisgarh, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant Kamlesh Singh Gond involved in Crime No.18/2025 registered at Police Station Darri Distt- Korba (CG) for the offence punishable under Sections 305 A, 331 (3), 317(4), 111(2) (B) of BNS 2023 is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri