Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:5327
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 325 of 2025 Rohit Rathore S/o Badam Singh Aged About 28 Years R/o Temarana, Police Station Gogaon, District Khargoun, Madhya Pradesh
... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Kotra Road, District – Raigarh, Chhattisgarh.
…. Non-applicant For Applicant : Mr. Sunil Verma, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice
Order on Board 29.01.2025
1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants arrested in connection with Crime No. 311/2024 registered at Police Station – Kotra Road, District – Raigarh (C.G.) for the offence punishable under Sections 305(A), 331(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
2. Case of the prosecution, in brief, is that the applicant along with 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 ofÏce was broken. the amount of Rs 3,90,000/- kept in the cash counter and safe of the sales ofÏce and workshop ofÏce was RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
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3.
Learned counsel appearing for the applicants submits that the applicants are innocent and has been falsely implicated in the present case. It is further submitted that the FIR was lodged against the unknown persons, and there are 4 criminal antecedents of the applicant including the present one, out of which in one case the applicant has been granted bail by this Court in MCRC No. 8704/2024 vide order dated 20.12.2024. It is submitted that the applicants are in jail since 24.09.2024, 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, opposes the bail application and submits that the applicant along with 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 ofÏce was broken. the amount of Rs 3,90,000/- kept in the cash counter and safe of the sales ofÏce and workshop ofÏce was missing, which some unknown thief stole and took away at night, therefore, the Police of Police Station concerned has registered the crime against the applicant. It is further submitted that there are 4 criminal antecedents of the applicant including the present one. As such, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 3
6. Taking into consideration the facts and circumstances of the case and also considering the fact that the applicant along with 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 ofÏce was broken.
the amount of Rs 3,90,000/- kept in the cash counter and safe of the sales ofÏce and workshop ofÏce was missing, which some unknown thief stole and took away at night, therefore, the Police of Police Station concerned has registered the crime against the applicant, further the fact that there are 4 criminal antecedents of the applicant including the present one, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 7. Accordingly, this bail application of applicant – Rohit Rathore involved in Crime No. 311/2024 registered at Police Station – Kotra Road, District – Raigarh (C.G.) for the offence punishable under Sections 305(A), 331(4) and 3(5) of the BNS, 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. OfÏce 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
Rajshekhar