1 2025:CGHC:26486 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1117 of 2025 Sandeep Laxman Bhosle S/o Laxman Bhosle Aged About 38 Years R/o House No. 607, Forest Housing Society, Rajguru Nagar Chakan, Police Station - Chakan, District Pune Maharashtra ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Civil Line, District - Raipur Chhattisgarh ... Non-Applicant For Applicant : Ms. Leelawati, Advocate holding the brief of Mr. Rajeev Kumar Dubey, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer and S.S.Baghel, Deputy Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 20.06.2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.517/2024, registered at Police Station – Civil Line, District- Raipur (C.G.) for the offence punishable under Sections 331(3), 305 of Bharatiya Nyaya Sanhita, 2023. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.06.23 16:30:08 +0530 2 2 The case of the prosecution, in brief, is that the complainant, an Insurance Advisor at LIC Office, Civil Line, Raipur, lodged a written report stating that on 28.09.2024, he left his flat (A-504, Shriram Heritage Society) locked. Upon returning at 6:30 pm, he found his house had been broken into, with the doorknob damaged, and Rs. 1,82,000/- cash stolen from the almirah. His neighbor's house was also burgled. The neighbor, Suresh Bijlani, and his wife reported theft of jewelry and Rs. 5,000 cash. The police registered FIR No. 517/2024 under relevant Sections of the Bharatiya Nyaya Sanhita, 2023, and after investigation, filed a charge sheet. The case is pending before the Judicial Magistrate First Class, Raipur, as Criminal Case No. 20481/2024. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the present applicant was arrested on the basis of the memorandum statement of co-accused and there is nothing against the present applicant. He also submits that the seized article was not taken from the possession of the present applicant. He also submits that the applicant has falsely been implicated in 2 other similar criminal cases. He also submits that the charge-sheet has been filed in this case and the applicant is in jail since 25.10.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed. He further submits that from the perusal of the case, it appears that on the night of 28/09/2024, the unknown accused broke the lock of the complainant's house and broke the locker of the iron cupboard and stole cash worth Rs. 1,82,000/- and gold and silver jewellery worth about Rs. 3,50,000/-. The 3 stolen jewellery and cash amount is shown to have been seized from the co-accused of the case. According to the prosecution story in the case, the accused/applicant are jointly accused of breaking the lock of the complainant's residential house and entering his house and stolen cash and jewellery worth more than Rs. 500000/-. further, the applicant has two previous criminal antecedents of the similar nature which shows that the applicant/accused is a habitual offender of theft and today itself, bail applications in 02 other cases of theft against him have been received for disposal, therefore, the applicant is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant was committed theft of complainant’s house and during the course of investigation, the applicant was arrested and after taking his memorandum statement, he stated that the accused/applicant are jointly accused of breaking the lock of the complainant's residential house and entered his house and stolen cash and jewellery worth more than Rs. 5,00,000/- and thereafter, on the basis of memorandum statement, besides present one, two other cases were registered against him of similar offence, as such, the present applicant is a habitual offender, furthermore, as of today’s date, two other bail applications of the application related to separate theft cases are listed for disposal against him and the same have been rejected today itself thus, this Court is of the opinion that this is not a fit case to enlarge the applicant on regular bail. 7 Accordingly, the bail application of the applicant - Sandeep Laxman Bhosle involved in Crime No.517/2024, registered at Police Station – 4 Civil Line, District- Raipur (C.G.) for the offence punishable under Sections 331(3), 305 of Bharatiya Nyaya Sanhita, 2023, 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 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 Preeti