1 2025:CGHC:32290 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5406 of 2025 Vijay Kumar Sahu Alias Bhaiya S/o Late Suritlal Sahu Aged About 33 Years R/o Andhiyari Pat Ward No. 19, Akaltara, P.S. Akaltara District Janjgir Champa Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Akaltara, District Janjgir Champa Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Akash Sahu, Advocate. For Respondent(s) : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.07.2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who 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’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. 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 second bail application. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 18.06.2025, therefore this second bail application is filed on the ground that only on the basis of suspicion, present applicant has been made an accused in the case, further the applicant is in jail since 16.04.2025, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is alleged to have stolen 3 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. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 18.06.2025 in MCRC No. 3961 of 2025 on the ground 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, there appears to be no good ground to entertain this second bail application. 7. Accordingly, the second bail application of the applicant- Vijay Kumar Sahu Alias 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 at this stage. 8. Needless to say that the trial Court concerned is at liberty to 4 proceed and concluded the trial expeditiously. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil