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2025 DAILYLAW 56305 (CHH)

MADHAV YADAW ALIAS SWEETY v. STATE OF CHHATTISGARH

MCRC/8944/2025 · 2025-11-09

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Judgment text

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1 2025:CGHC:54637 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8944 of 2025 1 - Madhav Yadaw Alias Sweety S/o Dayanidhi Yadaw Aged About 21 Years R/o Vill. Bilaigarh B, Tesil And Police Station Baramkela, Distt. Sarangarh- Bilaigarh (C.G.) 2 - Pradeep Sidar S/o Shriram Sidar Aged About 26 Years R/o Vill. Bilaigarh B, Tesil And Police Station Baramkela, Distt. Sarangarh- Bilaigarh (C.G.) ...Applicants Versus State Of Chhattisgarh Through Station House Officer, Police Station- Baramkela, Distt.- Sarangarh- Bilaigarh (C.G.) … Non-applicant For Applicants : Mr. Ravi Kumar Banjare, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 10.11.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.11 18:37:55 +0530 2 63/2025, registered at Police Station : Baramkela District – Sarangarh- Bilaigarh (C.G.) for the offence punishable under Sections 331(4), 305(A) & 3(5) of the BNS 2023. 2. The prosecution case in brief, is that as per order of the court below is that on 22.05.2025 to 23.05.2025 at that time 8.00 pm to 9.00 pm other co- accused gold and silver ornament from during night the applicants and other co-accused have theft Gold ornament cost Rs. 5,55,000/- and case Rs. 1,50,000/- from the house of the complainant, the complainant lodged complain before concern police station, after the investigation and registered offence FIR U/s 331(4), 305(A) & 3(5), of B.N.S.S., against the present applicants and other co-accused and arrest them. 3. Learned counsel for the applicant submits that the present applicant is not involved in any alleged offence and has been falsely implicated. It is respectfully submitted that the applicants did not act in the manner alleged by the prosecution and have been implicated solely on the basis of the co-accused’s statements. They were arrested merely on suspicion, and no other material is available on record against them. The applicants are rustic villagers, illiterate, engaged in agricultural labour, and have no involvement in forgery, making their alleged involvement highly doubtful. They are young persons belonging to the Adivasi labour community, with no previous criminal record, and have been languishing in jail since 20.06.2025, Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned State Counsel appearing for the State/non-applicant opposes the bail application and submits that in 3 the present case the applicant has two previous criminal antecedents similar nature, therefore, he is not entitled to be granted bail 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and on perusal of the case diary and the material available on record, it is prima facie revealed that between 22.05.2025 and 23.05.2025, at about 8:00– 9:00 p.m., the applicants/accused, namely Madhav Yadav alias Sweety and Pradeep Sidar alias Chhotu, entered the house of the complainant Kapoorchand Agarwal at Village Budeli and committed theft of ancestral jewellery and cash amounting to approximately Rs.5,55,000/-, out of which several stolen articles, including silver and gold-like ornaments, were seized from the possession of applicant Pradeep Sidar. The record further discloses that both applicants/accused are habitual offenders and have previous criminal antecedents in Crime Nos. 101/2025 and 98/2025, registered at Police Station Barmerkela, involving similar acts of theft and dealing in stolen property. Considering the nature and gravity of the offence, the value of the stolen property, and the repeated involvement of the applicants in theft cases, this Court finds no sufficient ground to grant them bail accordingly, the bail application filed by the accused-applicants are hereby dismissed. 7. Accordingly, the bail application of the applicants – Madhav Yadaw Alias Sweety & Pradeep Sidar involved in Crime No. 63/2025, registered at Police Station : Baramkela District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 331(4), 305(A) & 4 3(5) of the BNS 2023, are rejected 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office 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 vaibhav