Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:23831
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4449 of 2025 1 - Deepak Mohite S/o Rohidas Mohite Aged About 28 Years Caste Kharol, R/o Katputphata Badwah Police Station Badwah, District Khargoun (Madhya Pradesh).
... Applicant versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station Kotra Road, District Raigarh (C.G.).
... Non-applicant For Applicant : Mr. Sunil Verma, Advocate For Res/State : Mr. Jitendra Shrivastava, Government Advocate
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 13/06/2025
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. 311/2024 registered at Police Station Kotra Road,
2 Raigarh, District- Raigarh (C.G.) for the offence punishable under Sections 305(A), 331(4) and 3(5) of B.N.S.
2. Case of the prosecution, in brief, is that, the applicant alongwith the co- accused, in a planned manner, entered the M/s Satya Auto Private Limited Maruti Showroom situated at Jidal Road. On 14.09.2024 at about 9.10am in the morning, the duty guard Narayan Das informed about the theft incident, after which it was seen that the lock of the gate behind the sales office was broken. The amount of Rs. 3,90,000/- kept in the cash counter and safe of the sales office and workshop office was missing, which some unknown thief stole and took away at night. The Police of Police Station has registered the case and after due investigation, the present applicant alongwith co-accused were arrested. Hence, the bail application.
3.
Learned counsel for the applicants would submit that the applicant has not committed any offence and he has been falsely implicated in the offence in question. He would also submit that in the FIR, the name of the present applicant has not been mentioned as it was registered against one unknown person. He would further submit that the applicant had never received any amount from any showroom. It is also submitted that the applicant is in jail since 26.10.2024, 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 appearing for the respondent/State opposes the bail application and submits that the present applicant alongwith the co-accused in a planned manner, committed the theft at M/s Satya Auto Private Limited Maruti
3 Showroom situated at Jidal Road and from the possession of the present applicant Rs. 20,000/- was recovered. Therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing 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 applicant alongwith the co-accused in a planned manner, entered the M/s Satya Auto Private Limited Maruti showroom situated at Jindal Road, on 14.09.2024 at 9.10 am, the morning duty guard Narayan Das informed about the theft incident, after which it was seen that the lock of the gate behind the sales office was broken. The amount of Rs. 3,90,000/-kept in the cash counter and safe of the sales office and workshop office was missing, which some unknown thief stole and took away at night, therefore, the concerned police has registered the crime against the present applicant, further the fact that bail application bearing MCRC No. 325 of 2025 of the co- accused person was dismissed on 29.01.2025, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, this bail application of applicant- Deepak Mohite involved in Crime No. 311/2024 registered at Police Station Kotra Road, Raigarh, District- Raigarh (C.G.) for the offence punishable under Sections 305(A), 331(4) and 3(5) of B.N.S is rejected at this stage. 8. Needless to say that the concerned trial Court is at liberty to proceed and conclude the trial expeditiously. 4
9.
Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/-
(Ramesh Sinha)
CHIEF JUSTICE Amita
AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.06.19 20:25:32 +0530