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2025 DAILYLAW 40569 (CHH)

SHEKHAR PRASAD DAS v. STATE OF CHHATTISGARH

MCRC/6992/2025 · 2025-09-02

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Judgment text

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1 2025:CGHC:45016 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6992 of 2025 Shekhar Prasad Das S/o Late Laxmi Narayan Prasad, Aged About 42 Years, R/o Main Road, Baba Bhutnath Gali, Rourkela, Thana - Plant Site, District - Sundargarh, Odisha. (Details of Applicant Properly Not Mentioned In The Cause Title of Impugned Order Sheet which is being mentioned as per the Charge-sheet) ... Applicant versus State of Chhattisgarh Through The District Magistrate Durg, District Durg Chhattisgarh Through SHO Police Station GRP, Bhilai, District - Durg Chhattisgarh (Details of respondent properly not mentioned in the entire impugned order-sheet) ... Non-Applicant For Applicant : None. For Non-Applicant/State : Mr. Atanu Ghosh, Deputy Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 03.09.2025 1. None appears on behalf of learned counsel for the applicant to press this bail application on the repeated calls, hence, this Court PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.04 14:36:13 +0530 2 proceeds to consider and disposed of this bail application with the assistance of learned State counsel. 2. As per the office report, the present bail application is the second bail application filed on behalf of the applicant, although it has been stated to be the first bail application. Learned State Counsel has pointed out that the applicant’s first bail application was rejected by this Court vide order dated 11.08.2025 passed in MCRC No. 6319/2025. 3. The applicant has preferred this Second Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.27/2025, registered at Police Station – GRP, Bhilai, District- Durg (C.G.) for the offence punishable under Sections 305(C), 3(5), 317(5), 336(3), 340(2) and 338 of Bharatiya Nyaya Sanhita, 2023. 4. As per the prosecution story, on 04.04.2025, the complainant, Hina Patel, along with her husband, was travelling from Gondia to Raipur in Shivnath Express (Coach No. H/A/1, Berth No. 21). She was carrying a handbag containing a diamond necklace worth Rs.35,00,000/-, four finger rings valued at Rs.4,15,000/-, Rs.45,000/- in cash, and a ladies’ bag worth Rs.20,000/-. It is alleged that the applicant, along with a co-accused, stole the said items. Based on the memorandum statement of the co-accused, a diamond necklace, six green and blue colored stones, a diamond bracelet, and an Oppo mobile phone were recovered from the accused persons. The present applicant was arrested on the basis 3 of the co-accused's memorandum. 5. Learned State Counsel opposes the bail application and submits that the applicant’s first bail application was rejected by this Court vide order dated 11.08.2025 passed in MCRC No. 6319/2025. He contends that the present applicant, along with other co-accused person, has committed the offence of theft, therefore, the present bail application is liable to be rejected. 6. I have heard learned State Counsel and perused the documents available on record. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant’s first bail application was rejected by this Court vide order dated 11.08.2025 passed in MCRC No. 6319/2025 on the ground that the applicant was involved in the theft of jewellery worth Rs.65,00,000/- and as per the case diary, the applicant appears to have played a prima-facie key role in the offence, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the bail application of the applicant - Shekhar Prasad Das involved in Crime No.27/2025, registered at Police Station – GRP, Bhilai, District- Durg (C.G.) for the offence punishable under Sections 305(C), 3(5), 317(5), 336(3), 340(2) and 338 of Bharatiya Nyaya Sanhita, 2023, is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 4 10. 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 Preeti