Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:5768
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 880 of 2025 Pradeep Kumar Vellapan S/o M.S. Vellapan Aged About 54 Years R/o Al 84, Aasma City Colony, Police Station Sakri District Bilaspur (C.G.).
... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Sirgitti, District - Bilaspur (C.G.).
... Respondent(s) For Applicant(s) : Mr. Sourabh Sahu, Advocate For Respondent(s) : Smt. Supriya Upasne, 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 BNSS in connection with Crime No.566/2024, registered at Police Station Sirgitti, District - Bilaspur (C.G.) for the offence punishable under Sections 204, 307, 331(3), 61, 3(5) of the BNS.
2. The prosecution story in brief, is that, on 14/08/2024, complainant Krishna Kumar Mishra lodged a complaint alleging therein that on AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
2 13/08/2024 in the afternoon, four men and two women entered into his house by introducing themselves as persons from Crime Branch Officers and by threatening the family members, took away the box containing cash and the documents belonging to Vidya Prakash Pandey. Thereafter, the offence has been registered against the applicant.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant have neither committed nor participated in any such act, which may amount to any of the offences, mentioned above. Besides the above, the evidence collected by the prosecution are also not prima-facie sufficient to hold the applicant guilty of the aforesaid offences. Nothing has been seized from the present applicant, all the money and documents have been seized from the possession of the co-accused persons. There is no iota of evidence against the present applicant and there is no previous antecedents of the present applicant, the applicant has been arrested only on the basis of suspicious. He lastly submits that applicant is languishing in jail since 30.10.2024 and though the charge-sheet has been filed, the conclusion of the trial is likely to take some time hence, he prays for grant of bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that bail application of two of the co-
3 accused persons, namely, Sindhu Vaishnav and Smt. Rani Bairagi has already been rejected by this Court vide order 03.12.2024 in MCRC No. 8413 of 2024 and further, the case of the present applicant is identical to that of the co-accused persons. Also, the applicant alongwith other co-accused persons have committed theft of Rs.1.3 crores and land related documents. Hence, the bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. From perusal of the case diary, it transpires that the applicant alongwith other co-accused persons in collusion has committed theft of Rs.1.3 crores and land related documents from the complainant’s house and further, bail application of two of the co- accused persons, namely, Sindhu Vaishnav and Smt. Rani Bairagi has already been rejected by this Court vide order 03.12.2024 in MCRC No. 8413 of 2024 and the case of the present applicant is identical that to that of the co-accused persons, in view of the same, at this stage, prima-facie involvement of the present applicant has been shown, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7.
7. Therefore, the bail application filed by the applicant/accused – Pradeep Kumar Vellapan involved in Crime No.566/2024, registered at Police Station Sirgitti, District - Bilaspur (C.G.) for the offence punishable under Sections 204, 307, 331(3), 61, 3(5) of
4 the BNS, is rejected at this stage. 8. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha)
Chief Justice Akhil