1 2025:CGHC:53345 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8627 of 2025 Dheeraj Sharma S/o Late Rewtiraman Sharma Aged About 28 Years R/o Gokuldham Colony, Raigarh, Tahsil And District Raigarh, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through The District Magistrate Raigarh, District Raigarh, Chhattisgarh. (Concerned Police Station City Kotwali) ... Respondent(s) For Applicant(s) : Mr. Hari Agrawal, Advocate. For Respondent(s) : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 312/2025, registered at Police Station City Kotwali, District - Raigarh (CG) for the offence punishable under Sections 331(4), 305, 238, 317(5) and 3(5) fo BNS. 2. The prosecution story in brief, is that the complainant Anup 2 Agrawal, resident of Sonia Nagar, Raigarh, lodged a written report stating that while he was in Mumbai for the medical treatment of his wife, on returning home on 24.06.2025, he found that from the almirah kept on the second floor of his house, four gold biscuits (100 grams each), three gold rings, silver bars weighing 1054 grams, and cash amounting to Rs.5–6 lakhs, totaling approximately Rs.45,00,000/-, were missing. It was also found that the CCTV DVR and hard disk installed in the house were stolen. During investigation, examination of nearby CCTV footage revealed that on 23.06.2025 at about 9:12 AM, accused Dheeraj Sharma was seen leaving the complainant’s house carrying a red bag and riding a blue Activa scooter (CG 13 AK 5961). On inquiry, it was found that the accused had absconded and switched off his mobile phone. Based on call detail records and witness statements, police recovered four gold biscuits, three silver bars, and three gold rings from the accused through witnesses. The accused was apprehended on 11.08.2025 near Urdauna Chowk. During interrogation, he confessed that he had been visiting the complainant’s house for religious rituals for the past three years and, on the night of 22.06.2025, after making the complainant’s son sleep by giving sleeping pills, he stole the aforesaid articles and cash amounting to Rs.6,00,000, along with the CCTV DVR. He further disclosed that he disposed of part of the cash and used some amount to repay loans. Upon completion of investigation, charge-sheet (Final Report No. 345/2025) was filed against the 3 accused Dheeraj Sharma for offences punishable under Sections 305 and 331(4) of the Bharatiya Nyaya Sanhita, 2023, involving theft of property worth Rs.45,00,000 from the complainant’s residence. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that the FIR was initially registered against unknown persons, and no recovery of the alleged stolen property has been made from the present applicant. There exists no unbroken chain of circumstances linking the applicant with the commission of the alleged offence. The applicant was apprehended only on 11.08.2025, whereas all seizures were effected earlier on 01.07.2025 and 15.07.2025. Furthermore, the cash seized on 15.07.2025 exceeds the reported stolen amount, and the applicant has no connection whatsoever with the said recovery. He also submsits that the identically situated co-accused, namely, Rijwan Ali has already been granted bail by this Court vide order dated 08.10.2025 in MCRC No.6923 of 2025. The applicant is in jail since 11.08.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 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. He further submits that the applicant allegedly took advantage of his familiarity with 4 complainant Anup Agrawal’s family, unlawfully entered the complainant’s house at night and committed theft of gold biscuits (4 pieces of 100g each), 3 gold rings, 3 silver bars (1054g), cash of Rs.5–6 lakhs, and the CCTV DVR, all worth about Rs.45,00,000/-. He allegedly administered sleeping pills to the complainant’s family before committing the theft, removed the CCTV recording device to destroy evidence, and later used part of the stolen money for personal expenses and loan repayment, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the case diary it prima facie appears that the present applicant, who used to frequently visit the complainant Anup Agrawal’s house for performing religious rituals, took undue advantage of the family’s trust. On the night of 22.06.2025, after administering sleeping pills to the complainant’s son, he stole 4 gold biscuits (100g each), 3 gold rings, 3 silver bars weighing 1054 grams, cash amounting to Rs.5–6 lakhs, and the CCTV DVR, all valued at around Rs.45,00,000/-. The CCTV footage and subsequent recovery of four gold biscuits, three silver bars, and three gold rings from the accused on the basis of call detail records and witness statements corroborate his involvement in the present case. So far as co-accused, namely, Rijwan Ali is concerned, he was granted bail by this Court on the ground that, it 5 was the present applicant, who left the bag of stolen items at his shop and also it was the co-accused, Rajwan Ali who informed the police about the alleged bag, where as the involvement of present applicant has been found as per nearby CCTV footage, in which the applicant was seen leaving the complainant’s house carrying a red bag and riding a blue Activa scooter (CG 13 AK 5961) and as per recovery of four gold biscuits, three silver bars, and three gold rings made from the accused on the basis of call detail records and witness statements, as such, the case of present applicant is distinguishable from that of the aforementioned co- accused person, therefore, 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 applicant-Dheeraj Sharma, involved in Crime No. 312/2025, registered at Police Station City Kotwali, District - Raigarh (CG) for the offence punishable under Sections 331(4), 305, 238, 317(5) and 3(5) fo BNS, is rejected. 8. Needless to say that the trial Court concerned at liberty to proceed and concluded 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. Sd/- (Ramesh Sinha) Chief Justice Akhil