Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:4459 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 685 of 2025 1 - Gopal Dewangan S/o Shri Dujeram Dewangan Aged About 32 Years R/o Buchibori, Nagpur, Police Station- Sonegaon, District- Nagpur, Maharashtra, Presently Residing At Shanti Para Jervay, B.M.Y. Charoda, Bhilai-3, District-Durg, (C.G.) 2 - Vicky Solanki S/o Nathu Solanki Aged About 25 Years R/o Buchibori, Nagpur, Police Station- Sonegaon, District- Nagpur, Maharashtra, Presently Residing At Shanti Para Jervay, B.M.Y. Charoda, Bhilai-3, District-Durg, (C.G.)
... Applicants versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. Dongargarh, District- Rajnandgaon (C.G.)
... Respondent(s)
For Applicants : Mr. Vedant Bhelonde, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 24.01.2025
1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with Crime No. 297/2024, registered at Police Station – Dongargarh, District – Rajnandgaon (C.G.) for the offences punishable under Section 380, 457, 120B, 34 of Indian Penal Code, 1860. SHAYNA KADRI Digitally signed by SHAYNA KADRI Date: 2025.01.25 13:45:33 +0530
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2. The prosecution story in brief, is that on 27.05.2024 complainant lodged a report in the concerned Police station that she along with her family went to Chandpur for a family function. Her son Rahul Karse told her that when he came back to their home, he found that lock of door was broken and cash and jewellery amounting to Rs. 29,000/- have been theft. Initially crime was registered against unknown persons and during course of investigation, applicants were arrested and other offences were also added against them. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 12.06.2024. Witnesses to seizure have already been examined before learned trial Court and they have not supported case of prosecution. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 4.
On the other hand, the learned counsel for the State opposes the bail application and submits that applicants were involved in a similar case which was registered against them for similar offence and in the said crime, bail was rejected by this Court vide order dated 23.01.2025 passed in MCRC No. 645 of 2025. Beside these two cases, there are eight more criminal antecedents against applicants. Applicants are habitual offender, hence, this bail application is liable to be rejected. 3
5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the fact and circumstances of the case, nature of allegation and further there are eight criminal antecedents against applicants and they are habitual offender, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicants – Gopal Dewangan and Vicky Solanki involved in Crime No. 97/2024, registered at Police Station – Dongargarh, District – Rajnandgaon (C.G.) for the offences punishable under Section 380, 457, 120B, 34 of Indian Penal Code, 1860 is rejected at this stage. 8. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 9. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/-
(Ramesh Sinha) Chief Justice
Shayna