Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:23443
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4413 of 2025 Lalji @ Kinka Basod S/o Basant Lal Aged About 33 Years R/o Lamidah, Thana - Sarai, District- Singrauli, Madhyapradesh.
... Applicant versus State of Chhattisgarh Through Police Station - Chakarbhatta, District- Bilaspur, Chhattisgarh.
... Non-Applicant For Applicant : Mr. Suryapratap Yuddhveer Singh, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 12.06.2025
1. This is the Third Bail Application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 272/2024 registered at Police Station – Chakarbhata, District – Bilaspur (C.G.) for the offence punishable under Sections 457, 380, 413 and 34 of the Indian Penal Code (In short, IPC).
2. The earlier bail applications of the applicant being MCRC Nos. 2851/2025 and 8641/2024 were rejected by this Court vide orders dated 11.04.2025 and 10.12.2024 respectively on merits with liberty RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN
2 to proceed and conclude the trial expeditiously.
3. Case of the prosecution, in brief, is that an FIR was lodged by the Police Station concerned against the applicant alleging that the complainant is running a jewelry shop situated at Hirri Mines, wehre some unknown persons have committed theft of ornaments i.e. Anklet- 100 pieces, Laccha- 5 pairs, Girdle (Kardhan)- 25 pieces, Nettle (Bichiya)- 500 pairs, Finger Ring- 300 pieces, Bangles (Children)- 70 pairs, Chain- 50 pieces, Coins- 10 & 5 Gms- 15 pieces, Nosepin- 100 pieces, Old Jewelry- 1.5 Tola, Locket- 5 pieces, statue of deity, Flute and other ornaments made of gold and silver and cash of Rs. 5,000/- whose total amount of Rs. 9,00,000/- (Nine lacs only). During the course of investigation, the jewelry articles was seized from one Sushant Soni who molded the silver ornaments into Bars and gold items into Balls. Therefore, the aforesaid offences were registered against the applicant and other co-accused persons.
4.
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 other co-accused namely, Vijay Kumar Basod and Lalman @ Badka has already been granted bail by this Court in MCRC Nos. 8641/2024 and 3441/2025 vide orders dated 10.12.2024 and 05.05.2025 respectively. It is submitted that the applicant is in jail since 12.10.2024, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail.
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5. On the other hand, learned State counsel opposes the third bail application of the present applicant and submits that from possession of the present applicant applicant 2 Kg silver and Rs. 50,000/- cash were seized, on which basis the earlier bail applications of the applicant was rejected by this Court. As such, the applicant is not entitled for grant of bail.
6. I have heard learned counsel appearing for the parties and perused the case diary.
7. Taking into consideration the facts and circumstances of the case and also considering the fact that this is the third bail application and the earlier bail applications of the applicant were rejected on merits and there is only ground is that the other co-accused persons namely, Vijay Kumar Basod and Lalman @ Badka has already been granted bail by this Court in MCRC Nos. 8641/2024 and 3441/2025 vide orders dated 10.12.2024 and 05.05.2025 respectively, but considering the fact that the recovery made from possession of the present applicant i.e. 2 kg of silver and 50,000/- cash for which no explanation has been given, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail.
8. Accordingly, the third bail application of applicant – Lalji @ Kinka Basod involved in Crime No. 272/2024 registered at Police Station – Chakarbhata, District – Bilaspur (C.G.) for the offence punishable under Sections 457, 380, 413 and 34 of the IPC, is rejected.
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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 forthwith. Sd/- (Ramesh Sinha)
Chief Justice Rahul Dewangan