1 2025:CGHC:46391 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7208 of 2025 Manav @ Manya S/o Ashok Rao Sevare Aged About 20 Years R/o Sangharsh Nagar, Behind Of Budha Vihar, Police Station Vathoda, District- Nagpur, (Maharashtra) ... Applicant(s) versus State Of Chhattisgarh Through S.H.O. Police Station Purani Basti, District- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Arun Kumar Shukla, Advocate. For Respondent(s) : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.09.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 560/2024, registered at Police Station Purani Basti, District- Raipur (CG) for the offence punishable under Sections 331(2), 305, 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. The prosecution story in brief, is that the complainant, Kamal Sahu, lodged a report stating that on 20.12.2024, between approximately 11:30 AM and 11:50 PM, unknown thieves broke the lock of the main door of his house and stole valuables from a wooden almirah inside the room. The stolen items included one pair of gold bangles, one "Rani Haar" (royal necklace), one necklace, one mangalsutra, one pair of earrings, three gold chains, three rings, five pairs of gold tops, one silver waistband (karadhan), one idol of Lakshmi-Ganesh, two pairs of anklets, two pairs of toe rings, and Rs.20,000/- in cash. The total value of the stolen property was approximately Rs.4,80,000/- which included around 10 tolas of gold and 500 grams of silver. Based on CCTV footage from around the scene of the incident, it was found that a car bearing registration number MH 12 RM 3877 was used in the commission of the crime. Further investigation, including tracing the vehicle and its registered owner in Nagpur, Maharashtra, revealed the involvement of the applicant/accused alongwith other co-accused persons. The applicant/accused had traveled from Nagpur to Raipur with the co-accused to commit the theft. It is further revealed that from the applicant/accused, an amount of Rs.3,30,000/- allegedly received from the sale of the stolen jewelry was recovered based on his memorandum statement. The CCTV footage and recovery of stolen property. Therefore, aforesaid offence has been registered against the applicant. Hence the bail application. 3 3. The applicant submits that he is an innocent person who has been falsely implicated in the present case. The FIR was initially registered against unknown persons, and his name was included later merely on the basis of suspicion and the memorandum statement of a co-accused. No stolen property was recovered from his exclusive possession, except for some cash, which the applicant claims was falsely shown as seized through a fabricated seizure memo. The applicant has three prior cases, out of which, in two cases he has already been granted bail by competent Courts. The evidence collected is not sufficient to prima facie establish guilt. The applicant has been in judicial custody since 19.02.2025. He further submits that two of the co-accused persons, Rajesh Jhoting and Akash Nonkar who also have two and three criminal antecedents respectively, have already been granted regular bail by this Court vide orders dated 23.07.2025 and 29.08.2025 in MCRC No.5738 of 2025 and MCRC No.6272 of 2025, respectively, further considering the length of detention and slow pace of trial. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant has a direct role in the commission of the offence and a substantial amount of money (Rs.3,30,000/-) received from the sale of stolen article has been recovered from 4 him, for which no plausible explanation has been offered. He also submits that the applicant has three criminal antecedents, as such, he is a habitual offender and his bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the material collected during investigation, it appears that the applicant, alongwith co-accused persons, was involved in committing a well-planned theft of gold and silver ornaments and cash, total worth Rs.4,80,000/-. CCTV footage corroborates the presence of the vehicle used in the offence, and the recovery of Rs.3,30,000/- from the applicant pursuant to his memorandum statement further establishes prima facie involvement. Though it is true that the co-accused persons have been granted bail by this Court, but the distinguishing factor is that no recovery was made from their possession, whereas in the case of the present applicant, a substantial recovery of cash amounting to Rs.3,30,000/- has been made, for which the applicant has failed to provide any satisfactory explanation. The case diary also reflects that the applicant has three prior criminal records. 7. Considering the evidence available on record, particularly the CCTV footage, the recovery of money from the applicant, and his connection to the vehicle used in the offence, clearly reflect a prima facie case against the applicant, the seriousness of the 5 allegations, the mode of commission of the crime, 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 applicant-Manav @ Manya, involved in Crime No. 560/2024, registered at Police Station Purani Basti, District- Raipur (CG) for the offence punishable under Sections 331(2), 305, 3(5) of BNS, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil