1 2025:CGHC:8927 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1439 of 2025 Manish Soni @ Sushant Soni S/o Nanhe Lal Seth Aged About 25 Years R/o Ganiyari Vaidhan Thana Kotwali, Vaidhan, District Singrauli, Madhyapradesh. ... Applicant(s) versus State Of Chhattisgarh Through Police Station Chakarbhata, District Bilaspur, Chhattisgarh. ... Non-Applicant(s) For Applicant(s) : Ms. Annapurna Tiwari, Advocate. For Non-Aoplicant(s) : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.02.2025 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. 272/2024, registered at Police Station Chakarbhata, District Bilaspur (CG) for the offence punishable under Sections 457, 380, 413 and 34 of the Indian Penal Code AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 (IPC). 2. The prosecution story in brief, is that the applicant alongwith other co-accused persons are alleged to have broken into a shop at Hirin Mines between 8:30 pm on 12.06.2024 and between 6:00 am on 13.06.2024, they stolen gold, silver jewelry and cash worth Rs. 9 lakh. They are also accused of selling the stolen items to a co-accused, Sushant alias Manish Kumar Soni. Thereafter, the aforesaid 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. She further submit that of the co-accused, namely, Vijay Kumar Basod has already been granted regular bail by this Court vide order dated 10.12.2024 in MCRC No.8641 of 2024 on the ground that no seizure of any incriminating article or cash has been made from him, similarly no seizure has been made from the present applicant also, so the case of present applicant is similar to that of the co-accused, so far as seizure of 10 Kgs of silver is concerned, the same has been made from him, but in different crime number i.e. in Crime No.336/2024, not in present crime number, only on the basis of memorandum statement of the co-accused, namely, Lalji @ Kinka Basod, present applicant has been made an accused. The applicant is in jail since 12.08.2024 and the trial is likely to take some time for its conclusion. Therefore, she prays for grant of bail to the applicant. 3 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 bail application of one of the co-accused, namely, Lalji @ Kinka Basod has already been rejected by this Court vide order dated 10.12.2024 in MCRC No.8641/2024 on the ground that there is seizure of 2 Kgs Silver and cash amount of Rs.50,000/- has been made from him, so far as present applicant is concerned, there is recovery of 10 Kgs of Silver from the present applicant at case Crime No.336/2024, further the applicant has one criminal antecedent in the State of Chhattisgarh, therefore, the bail application of present applicant is liable to be rejected. 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 though the applicant was also arrested in a case registered at case Crime No.336/2024, Sipat, District – Bilaspur and in the said case recovery of 10 Kgs of Silver has been made from him and the applicant has been arrested in present case on the basis of recovery made in the said case, against which, the applicant has not preferred any bail application, but considering the involvement of applicant in present case and in the case registered at Crime No.336/2024, also considering the fact that as 4 per memorandum statement of co-accused, Lalji @ Kinka Basod, whose bail application has already been rejected, all seizures have been made from present applicant and other co-accused persons, as such, without expressing any opinion on the merits of the case, 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-Manish Soni @ Sushant Soni, involved in Crime No. 272/2024, registered at Police Station Chakarbhata, District Bilaspur (CG) for the offence punishable under Sections 457, 380, 413 and 34 of IPC, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and concluded 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