1 2025:CGHC:5770 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 883 of 2025 Nagendra Patel S/o Dhani Ram Patel Aged About 22 Years R/o Downside Of Bandhwa Talab, Police Station Sakti, District Sakti Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Jaijaipur, District Sakti Chhattisgarh ... Non-Applicant(s) For Applicant(s) : Mr. Ishwar Jaiswal, Advocate. For Non-Applicant(s) : Mr. S.S. Baghel, Deputy G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.01.2025 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. 154/2024, registered at Police Station Jaijaipur, District Sakti (CG) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sections 331(6), 305(A), 118(1), 310(2) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. The prosecution story in brief, is that a crime was registered against the applicant/accused at the Jajpur Police Station under Crime No. 154/2024, Sections 331(6), 305(K), 118(1), and 310(2) of BNS. On examination of the case, it was found that on July 18, 2024, at around 11:00 pm, the accused persons committed a robbery by showing a pistol-like object to the complainant and hitting him on the head with an iron rod, causing him injuries. The accused also stole a 25-gram gold necklace, two pairs of silver anklets weighing around 12 tolas, three mobile phones, and cash worth Rs. 2.67,000/- from the complainant's house. The accused then tied the hands of the complainant and his brother with a towel and locked them in a room before fleeing. A charge sheet was filed against the applicant/accused based on the report of the complainant, Shailendra Kumar Sahu, at the Jajpur Police Station. Hence, the bail application. 3. Learned counsel for the applicant submits that on the basis of memorandum statement of co-accused persons, present applicant has been made an accused. He further submits that on the basis of one memorandum, three more cases were registered against the applicant, in which the applicant has already been granted bail by the learned trial Court, copies of which are collectively annexed as Annexure A-2. He also submits that 3 applicant was not present at the place of incident, where the said crime was committed. The applicant is in jail since 01.08.2025 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 alongwith other co-accused persons have committed theft in the house of complainant by showing pistol-like object and have stolen 25-gram gold necklace, two pairs of silver anklets weighing around 12 tolas, three mobile phones, and cash worth Rs. 2.67,000/- from the complainant's house, further there is recovery of 4.63 gram gold and cash amount of Rs.1500/- from the applicant. He also submits that applicant has also caused injury to the complainant on head with an iron rod, therefore, he is 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 applicant that he alongwith other co-accused persons have committed theft in the house of complainant by showing pistol-like object and have stolen 25- gram gold necklace, two pairs of silver anklets weighing around 4 12 tolas, three mobile phones, and cash worth Rs. 2.67,000/- from the complainant's house, further there is recovery of 4.63 gram gold and cash amount of Rs.1500/- from the applicant, and he also caused injury to the complainant, namely, Shailendra Kumar Sahu, due to which, the complainant received three incised wound on his person, which is on the vital parts of the body i.e. on the parietal region, though the injury is found to be simple in nature, but considering the recovery and assault made on complainant/injured, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of applicant-Nagendra Patel, involved in Crime No. 154/2024, registered at Police Station Jaijaipur, District Sakti (CG) for the offence punishable under Sections 331(6), 305(A), 118(1), 310(2) of BNS, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. 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