1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5162 of 2025 • Virendra Sen S/o Late Harishchand Sen Aged About 40 Years (Wrongly Mentioned As 20 Years), R/o Chaitu Khapri, P.S. Mohara, District Rajnandgaon Present Address Milan Chowk, Krishna Nagar, Supela Bhilai, District Durg, C.G. (As Per Charge Sheet) ... Applicant versus • State Of Chhattisgarh Through, Police Station Jamul, District Durg (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sudhanshu Singh, Advocate For Respondent : Mr. Bharat Gulbani, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/07/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 615/2024 registered at Police Station – Jamul, District – Durg (C.G.) for the offence punishable under Section 331(3), 305 of BNS, 2023. 2. As per prosecution story that a crime was registered against unknown person u/s 331(3) and 305 of BNS at Jamul Police Station, it is alleged that on 26/12/2024 at about 1:40 pm the applicant unlawfully entered the house of the complainant and broke the lock VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 of door subsequently the applicant broke the lock of a cupboard and stole valuables, including 1 pair of gold earrings, One Gold Mangalsutra, Four pieces of wheat grain gold, and golden ornaments including silver items weighing 30 tolas, cash armounting to 5000/- Rs and important documents such as gold and silver purchase receipt Indian Gas Passbook, Bank Passbook and ATM Cards of Banks Aadhar Card, Ayushman Card, a Pan Card and the crime was registered and after investigation charge sheet was submitted and the aforesaid crime has been committed. 3. The learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the trial is going on and 2 witness have been examined and they have not identify the applicant. It is argued by learned counsel for the applicant is that the applicant has not committed any theft, no material has been seized from the applicant. The applicant is in jail since 28.12.2024 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the applicant broke the lock of a cupboard and stole valuables, including 1 pair of gold earrings, One Gold Mangalsutra, Four pieces of wheat grain gold, and golden ornaments including silver items weighing 30 tolas, cash amounting to 5000/- Rs and important documents such as gold and silver and further from the possession of the applicant, gold ornaments were recovered. Accordingly, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence and the fact that the applicant broke the lock of a cupboard and stole valuables, including 1 pair of gold earrings, One Gold Mangalsutra, Four pieces of wheat grain gold, and golden ornaments including silver items weighing 30 tolas, cash amounting to 5000/- Rs and important documents such as gold and silver from the possession of the applicant, gold ornaments were recovered and in this regard there is no explanation made by the applicant thus, this Court does not find it a fit case to release the applicant on bail. 7. Accordingly, this bail application of applicant –Virendra Sen involved in Crime No. 615/2024 registered at Police Station – Jamul, District – Durg (C.G.) for the offence punishable under Section 331(3), 305 of BNS, 2023, is rejected at this stage. 8. 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 vaishali