Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:50492
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1546 of 2025 Ganesh Verma S/o Neelkanth Verma Aged About 39 Years R/o Kalimata Ward No. 30, Near Dhanukirana Store, Police Station - Khparabhatthi, Lodhipara Pandri Raipur, Tehshil and District- Raipur (C.G.)
... Applicant versus State Of Chhattisgarh Through Police Station- Khamhardih, District- Raipur (C.G.)
... Non-Applicant For Applicant : Mr. Sangeet Kumar Kushwaha, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 09.10.2025
1. The applicant has preferred this second bail application under Section 482 of the Bharatiya Nyay Nagarik Suraksha Sanhita, 2023 apprehending his arrest in connection with Crime No. 552/2024, registered at Police Station – Khamhardih, District- Raipur (C.G.) for alleged commission of offence punishable under Sections 454, 380 and 120-B of the Indian Penal Code.
2. Earlier first bail application of the applicant was rejected on merits by this Court vide order dated 07.02.2025 passed in MCRCA No. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.10 14:18:43 +0530
2 210/2025.
3. As per the prosecution's case, the complainant filed a written complaint on 28.12.2022, stating that, on the instructions of one Nikhil Chandraker, two persons, namely Golu @ Ganesh Verma and Nilesh Sarvayya, unlawfully entered the complainant's house using a duplicate key. They trespassed and, in an attempt to destroy evidence related to an offence under Sections 376 and 377 of the IPC, stole various documents, including medical records, mark sheets, and other educational documents, along with other belongings. The offence was captured on CCTV footage, where Golu can be seen entering the premises and stealing, while Nilesh is seen standing outside the house. Based on the written complaint filed by the complainant on 28.12.2022, an FIR was registered at Police Station Khamhardih, District & Tehsil Raipur, under Crime No. 552/2024 for offences punishable under Sections 120(B), 380, and 454 of the IPC, and the matter was taken up for investigation.
4.
Learned counsel for the applicant submits that the applicant is innocent has he has been falsely implicated in this case. He further submits that the said incident is said to be 28.12.2022 and it clearly mentioned in the FIR that the incident was reported on 19.12.2024 before the concerned police station Khamhardih, Raipur, that is an inordinate delay in the complaint of the said incident on the part of the applicant, which reflected to be registered after 722 days from the said date of incident, that is, there is an effort delay in getting the FIR registered the said case, which make the case suspicious. Further, the co-accused, Nikhil Chandrakar and Nilesh Sarvaiyya
3 have already been granted bail this Court in MCRC Nos. 6030/2025 and MCRC No. 5661/2025 vide order dated 01.08.2025 and 18.07.2025, respectively. Further, the applicant has no any previous criminal antecedents. Hence, he prays for grant anticipatory bail to the applicant.
5. On the other hand, learned State counsel opposes the submission made by the learned counsel for the applicant and submits that the first bail application of the applicant was rejected by this Court vide
order dated 07.02.2025 passed in MCRCA No. 210/2025 on the ground that the applicants and other co-accused persons unlawfully entered the complainant's house using a duplicate key, they trespassed and, in an attempt to destroy evidence related to an offence under Sections 376 and 377 of the IPC, stole various documents, including medical records, mark sheets, and other educational documents, along with other belongings. He further submits that the offence was captured on CCTV footage, where Golu can be seen entering the premises and stealing, while Nilesh is seen standing outside the house. Therefore, the applicant is not entitled for grant of anticipatory bail in the present matter.
6. I have heard learned counsel for the parties and perused the impugned order passed by the trial Court.
7. Considering the facts and circumstances of the case, submissions of
learned counsel for the parties and from perusal of the document available, it transpires that first bail application of the applicant was rejected by this Court vide order dated 07.02.2025 passed in MCRCA No. 210/2025 on the ground that the applicants and other
4 co-accused persons unlawfully entered the complainant's house using a duplicate key, they trespassed and, in an attempt to destroy evidence related to an offence under Sections 376 and 377 of the IPC, stole various documents, including medical records, mark sheets, and other educational documents, along with other belongings and also the offence was captured on CCTV footage, where Golu can be seen entering the premises and stealing, while Nilesh is seen standing outside the house, further no new ground has been raised in this bail application, this Court deems it appropriate not to grant anticipatory bail to the applicant.
8. Accordingly, the Second Anticipatory Bail application of the applicant – Ganesh Verma filed under Section 482 of BNSS, involved in Crime No. 552/2024, registered at Police Station – Khamhardih, District- Raipur (C.G.) for alleged commission of offence punishable under Sections 454, 380 and 120-B of the Indian Penal Code, is rejected. Sd/- (Ramesh Sinha) Chief Justice Preeti