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2025 DAILYLAW 46680 (CHH)

ROHIT RATHORE v. STATE OF CHHATTISGARH

MCRC/42/2025 · 2025-01-29

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Judgment text

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1 2025:CGHC:5327 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 42 of 2025 Rohit Rathore S/o Badam Singh Aged About 28 Years R/o Temarana, Police Station Gogaon, District Khargoun, (Madhya Pradesh) ... Applicant versus State of Chhattisgarh Through Thana Parpa, (Frezpur) District Bastar (C.G.) …. Non-applicant For Applicant : Mr. Sunil Verma, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 29.01.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants arrested in connection with Crime No. 175/2024 registered at Police Station – Thana Parpa (Frezpur), District – Bastar (C.G.) for the offence punishable under Sections 305 and 331(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. Case of the prosecution, in brief, is that the applicant along with the co-accused, in a planned manner, entered the Maruti showroom situated at Geedam Road in the night, hidden with the intention of committing house trespass, with the intention of committing theft in RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Maruti Car Showroom, Mahindra Showroom and Toyota Showroom situated at Jagdalpur and prima facie showed the applicant's involvement in the theft of a total amount of Rs. 4,09,524/-, therefore, the Police of Police Station concerned has registered the crime against the applicant. Hence, this application. 3. Learned counsel appearing for the applicants submits that the applicants are innocent and has been falsely implicated in the present case. It is further submitted that the FIR was lodged against the unknown persons, and there are 4 criminal antecedents of the applicant including the present one, out of which in one case the applicant has been granted bail by this Court in MCRC No. 8704/2024 vide order dated 20.12.2024. It is submitted that the applicants are in jail since 24.09.2024, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel, opposes the bail application and submits that the applicant along with the co-accused, in a planned manner, entered the Maruti showroom situated at Geedam Road in the night, hidden with the intention of committing house trespass, with the intention of committing theft in Maruti Car Showroom, Mahindra Showroom and Toyota Showroom situated at Jagdalpur and prima facie showed the applicant's involvement in the theft of a total amount of Rs. 4,09,524/-, therefore, the Police of Police Station concerned has registered the crime against the applicant. It is further submitted that there are 4 criminal antecedents of the applicant including the present one. As such, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Taking into consideration the facts and circumstances of the case and also considering the fact that the applicant along with the co-accused, in a planned manner, entered the Maruti showroom situated at Geedam Road in the night, hidden with the intention of committing house trespass, with the intention of committing theft in Maruti Car Showroom, Mahindra Showroom and Toyota Showroom situated at Jagdalpur and prima facie showed the applicant's involvement in the theft of a total amount of Rs. 4,09,524/-, therefore, the Police of Police Station concerned has registered the crime against the applicant, further the fact that there are 4 criminal antecedents of the applicant including the present one, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 7. Accordingly, this bail application of applicant – Rohit Rathore involved in Crime No. 175/2024 registered at Police Station – Thana Parpa (Frezpur), District – Bastar (C.G.) for the offence punishable under Sections 305 and 331(4) of the BNS, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce 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 Rajshekhar