2025:CGHC:4236 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 645 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-Drug C.G. (As Per Impugned Order) 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-Drug C.G. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S. Dongargarh, District- Rajnandgaon (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Vedant Bhelonde, Advocate. For Non-Applicant(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.01.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN short ‘BNSS’), for grant of regular bail, as they have been arrested in connection with Crime No. 212/2024, registered at Police Station Dongargarh, District- Rajnandgaon (CG) for the offence punishable under Sections 380, 457, 120-B, 34 of the Indian Penal Code (IPC). 2. The prosecution story in brief, is that the complainant's home was burglarized on April 17, 2024, while they were away attending a funeral. They returned home around 9:30 PM to find that the main door's handle was broken, and upon inspecting the house, they discovered that all their jewelry and cash, totaling Rs. 70,000/-, were stolen. The complainant then filed an FIR against unknown persons on April 18, 2024 and subsequently the applicants were arrested. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. He further submit that there were four accused persons involved in the present case including two ladies, who have been granted bail by the trial Court and the applicants may also be enlarged on bail on the same footing. He also submits that no recovery has been made from the present applicants as all the recoveries have been made from the co-accused persons, so far as trial of the case is concerned, the same is in progress and the seizure witnesses have turned hostile. The applicants are in jail since 12.06.2024, further both the applicants have one criminal antecedent of the year 2024, which are pending, therefore, he prays for grant of bail to the applicants. 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. She further submits that the applicants alongwith other co-accused persons committed theft in the house of complainant and have stolen jewelry and cash amount of Rs.70,000/-, further both the applicants have one criminal antecedent of the year 2024, therefore, the applicants are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the allegation against the applicants that they alongwith other two co-accused persons have committed theft in the house of complainant and had stolen jewelry and cash amount of Rs.70,000/-, so far as trial of the case is concerned, same is in progress and seizure witnesses have turned hostile, but the same amounts to only tempering with the evidence, further the applicants were involved in another criminal case, which are of the year 2024 and for the same, they have filed the bail application, which is likely to come up before this Court shortly, as such, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 7. 7. Accordingly, the bail application of applicants-Gopal Dewangan and Vicky Solanki, involved in Crime No. 212/2024, registered at Police Station Dongargarh, District- Rajnandgaon (CG) for the offence punishable under Sections 380, 457, 120-B, 34 of IPC, is rejected. 8. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously preferably within a period of four months from the date of receipt of certified copy of this order, in accordance with law, if there is no legal impediment. 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