VIJAY KUMAR SAHU @ BHAIYA v. STATE OF CHHATTISGARH
MCRC/3961/2025 · 2025-06-17
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23537 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23537 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:25489
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3961 of 2025 Vijay Kumar Sahu @ Bhaiya S/o Late Suritlal Sahu Aged About 33 Years R/o Andhiyari Pat Ward No. 19, Akaltara, Police Station Akaltara, District Janjgir-Champa Chhattisgarh
... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Akaltara, District Janjgir-Champa Chhattisgarh
... Respondent(s) For Applicant(s) : None. For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 18.06.2025
1. None appears nor is any representation made on behalf of the applicant to press this bail application when the case is called out. 2. It transpires from the record that the applicant is in jail since
16.04.2025. Hence, the Court proceeds to consider and hear the bail application of the applicant with the assistance of the State AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
2 counsel. 3. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail, as he has been arrested in connection with Crime No.127/2025, registered at Police Station Akaltara, District Janjgir-Champa (C.G), for the offence punishable under Section 305(A) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 4. The case of the prosecution, in brief, is that the the complainant, Narendra Kashyap, resident of Baloda, owns a Jaiswal Tractor Showroom in Akaltara, where the applicant/accused worked as a manager, responsible for managing all financial transactions. On April 13, 2025, after completing the day's accounts, the applicant/accused handed over the cash to the showroom's accountant, Sneha Mirza, who placed it in the showroom's locker. However, the next day, the locker was found broken into, and the cash was discovered to be missing. After conducting inquiries with the entire staff and finding no leads, the complainant filed a First Information Report (FIR) at Police Station Akaltara. During the investigation, upon detailed questioning of the staff, the applicant/accused confessed to the theft. Based on his memorandum statement, the stolen amount of Rs. 95,000 was recovered from the applicant/accused, thereafter, he was arrested. Hence, the bail application. 3
5. Learned State counsel opposes the bail application and submits that charge-sheet has been filed in the present case.
She further submits that the applicant is alleged to have stolen Rs.95,000/- which was kept in locker of Jaiswal Tractor Showroom by breaking it, further during the course of investigation, applicant himself in his memorandum statement has confessed that he has committed the alleged crime, based on his memorandum statement, the stolen amount of Rs. 95,000 was recovered from his possession, therefore, applicant is not entitled for grant of bail. 6. I have perused the case diary. 7. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the applicant himself in his memorandum statement has confessed that he has committed the alleged crime and based on his memorandum statement, the stolen amount of Rs. 95,000 from the Showroom was also recovered from his possession and the applicant has failed to provide any plausible explanation regarding the same, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the bail application of applicant-Vijay Kumar Sahu @ Bhaiya, involved in Crime No.127/2025, registered at Police Station Akaltara, District Janjgir-Champa (C.G), for the offence punishable under Section 305(A) of BNS, is rejected. 4
9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/-
(Ramesh Sinha)
Chief Justice Akhil