1 2025:CGHC:52200 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8337 of 2025 Vishwajeet Sanjay Somkuwar S/o. Sanjay Somkuwar, Aged About 28 Years R/o. Village- Near Durga Mata Mandir, Rajiv Gandhi Nagar, Nagpur, Distt. Nagpur (Maharashtra) ... Applicant versus The State Of Chhattisgarh Through The Station House O-cer, Police Station- Aamanaka, District – Raipur (C.G.) …. Non-applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 27.10.2025 1. This is the First bail application 4led under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants arrested in connection with Crime No. 208/2025 registered at Police Station – Aamanaka, District – Raipur (C.G.) for the o:ence punishable under Sections 305(5) and 331(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. Case of the prosecution, in brief, is that on the written complaint of the complainant, Mrs. Amrita Midha, Branch Manager, IDBI Bank, Branch RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Tatibandh, Raipur, 4ve di:erent persons tried to withdraw money from the ATM machine of IDBI Bank but due to technical tampering in the ATM machine by some unknown person, they could not withdraw the money and when they failed, the unknown person withdrew the money of the said persons from the ATM, in the context of the theft being taken out by tampering with the card, during the investigation the applicant was caught and the aluminum strip and other items used in the incident were seized after the applicant stated that he had deposited the money obtained through theft in his and his mother’s bank. On the basis of said report, the Police has registered he o:ence and arrested 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 submitted that the applicants are in jail since 04.07.2025, 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 has vehemently opposed the prayer for grant of bail to the applicant by submitting that the allegations against the applicant are serious in nature, involving a planned act of technical tampering of the ATM machine to withdraw money fraudulently from the accounts of innocent customers. It is contended that during the course of investigation, the materials and instruments used in the commission of the crime, including the aluminum strip and other devices, were recovered at the instance of the applicant, and that he himself admitted to having deposited the illegally obtained amount in his and his mother’s bank accounts. As such, the bail application deserves to be rejected. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the o:ence, the manner in which the crime was committed by the applicant involving technical tampering of the ATM machine to fraudulently withdraw money belonging to innocent account holders, and the fact that materials used in the commission of the crime as well as the stolen amount were recovered at the instance of the applicant, furthermore, the applicant himself admitted to having deposited the illegally obtained amount in his and his mother’s bank accounts, therefore, this Court is of the opinion that it is not a 4t case to enlarge the applicants on regular bail. 7. Accordingly, this bail application of applicant – Vishwajeet Sanjay Somkuwar involved in Crime No. 208/2025 registered at Police Station – Aamanaka, District – Raipur (C.G.) for the o:ence punishable under Sections 305(5) 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. O-ce is directed to send a certi4ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar