1 2025:CGHC:36215 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4743 of 2025 Rahul Tripathi S/o Sashibhushan Tripathi, Aged About 43 Years, R/o LIJ 95, Phase 01 Deendayal Awas Manki, Police Station Somni, District - Rajnandgaon (C.G.) --- Applicant versus State of Chhattisgarh, Through Station House Officer P.S., Khamhardih, District Raipur (C.G.) --- Respondent/State MCRC No. 5520 of 2025 Neha Tripathi W/o Rahul Tripathi, Aged About 43 Years, R/o L.I.J. 95, Phase 01, Deendayal Awas Manki, Police Station Somni District – Rajnandgaon (C.G.) ---Applicant Versus State of Chhattisgarh, Through Station House Officer P.S. Khamhardih District- Raipur (C.G.) ... Respondent/State (Cause title taken from CIS system) For Applicants : Mr. T. K. Jha Advocate. For Respondent(s) : Mrs. Smriti Shrivastava, PL Digitally signed by AMIT PATEL 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.07.2025 1. These are the First bail applications filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 42/2025 registered at Police Station- Khamhardih, District- Raipur (C.G.), for the offence punishable under Sections 310(2), 331(5),123, 351(3), 61(2), 168 and 238 of BNS, 2023. 2. The prosecution's case, in brief, is that the complainant has made complaint to the concerned police station alleging that on the date of incident some unknown persons entered in his house and looted cash of approx Rs. 66,25,000/-, also looted three numbers of gold chain and three numbers of old mobile sets by threating them with pistol and thereafter they ran away from the place of incident. Based upon such complaint, police has registered the offence under Section 310 (2), 331(5), 123, 351 (2), 61(2) of the Bharatiya Nyay Sanhita 2023 and Sections 25 and 27 of the Arms Act against the unknown persons and during investigation, the police has arrested the present applicants on the basis of memorandum of co-accused. Hence this bail applications for applicants. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case and only on the basis of mere suspicion, the applicants have been implicated and arrested. There is no evidence has been found against the applicants regarding their involvement in the said loot. He further submits that applicant- Rahul Tripathi in MCRC No. 4743 of 2025 is a patient of severe cardiac ailments, he has previously suffered a heart attack and was admitted for surgery, the treatment remains incomplete to date. The present 3 applicants are in jail since 14.02.2025 and it would be adversely affected the family and future of the applicant, therefore, he prays for grant of bail to the applicants. 4. Learned counsel appearing for the State/non-applicant would oppose the bail applications of the present applicants and submits that the applicants are not entitled for grant of bail. However, she further submits that the cash has been recovered from the possession of the applicant- Neha Tripathi. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in the case diary and further considering the fact that the applicants along with other co-accused persons have committed loot of cash of approximately Rs. 66,25,000/- and also looted three gold chains and three old mobile sets by threatening the complainant with pistol, also considering this fact that bail application of the co-accused person namely Manuraj Mourya in MCRC No. 2432 of 2025 has already been rejected by this Court vide order dated 13.05.2025 and also considering the fact that the applicants are the husband and wife and they have committed loot, and some cash has been recovered from the possession of Neha Tripathi, therefore, looking to the seriousness of the crime, this Court is of the opinion that it is not a fit case to enlarge the applicants on bail. 7. Accordingly, the First bail applications of Applicant- Rahul Tripathi in MCRC No. 4743 of 2025 and his wife applicant- Neha Tripathi in MCRC No. 5520 of 2025 involved in Crime No. 42/2025 registered at Police Station- Khamhardih, District- Raipur (C.G.), for the offence punishable under Sections 310(2), 331(5),123, 351(3), 61(2), 168 and 238 of BNS, 2023 are rejected. 4 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. 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 Amit Patel