1 / 3 2025:CGHC:38859 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5937 of 2025 1 - Kamruddin S/o Samsuddin Hussain Aged About 28 Years Caste Musalman R/o Vill- Kantabahal, P.S.- Talsara, Dist- Sundargarh (Odisha) 2 - Kareem Hussain S/o Kitabul Hussain Aged About 25 Years Caste Musalman R/o Vill- Kantabahal, P.S.- Talsara, Dist- Sundargarh (Odisha) ...Applicants versus State Of Chhattisgarh Through Station House Officer, Police Of Police Station- Kunkuri, District- Jashpur, Chhattisgarh ... Non-applicant For Applicants : Mr. Syed Ishhadil Ali, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.08.2025 1. This is the second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 128/2024 registered at Police Station - Kunkuri District –Jashpur (C.G.), for the offence punishable under Section 303(2), 3(5) of BNS VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.06 18:37:40 +0530 2 / 3 2023. 2. The earlier bail application of the applicants have been rejected on merits by this Hon’ble Court vide order dated 17.04.2025 passed in MCRC No. 2963 of 2025. 3. The Case of the prosecution, in brief, is that the complainant Anup Kumar Jindal lodged a written report that in the intervening night between 29.08.2024 and 30.08.2024, some unknown persons has stolen the tyre and its disk, amounting to Rs.10,000/- from the back side of his vehicle Mahindra XUV 500, bearing No. CG-04-HM-2655, on the basis of the said information the crime was registered and the applicants were arrested by the Police. Hence, this application. but applicant denied all the allegation against him. 4. The applicants have been falsely implicated in the present case, despite no recovery being made from him and the FIR initially being lodged against unknown persons. The investigation has been completed, and charge sheets were filed on 15.02.2025 in all the offences, wherein the applicant was wrongly made an accused to cover the police's failure to apprehend the actual culprits. The complainant has been examined before the trial court and has not supported the prosecution's case, refusing to identify the applicant. He further submits that in this case complainant and memorandum witnesses have turned hostile and the applicant was unaware of the FIR and has been in jail since 07.02.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicants. 5. On the other hand, learned State counsel opposes the bail 3 / 3 application. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the submissions made by the learned counsel for the parties, the nature of the allegation against the applicants and that the first bail application of the applicants have been dismissed on merits vide order dated 17.04.2025 passed in MCRC No. 2963 of 2025 and there is no change in the circumstances, therefore, I am not inclined to grant regular bail to the present applicant. 8. Accordingly, the second bail application of the applicants – Kamruddin & Kareem Hussain involved in Crime No. 128/2024 registered at Police Station - Kunkuri District – Jashpur (C.G.), for the offence punishable under Section 303(2) & 3(5) of BNS 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav