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Judgment
Ramesh Sinha, CJ
The applicant has preferred this First Bail Application under Section 483 of the BNSS in connection with Crime No. 91/2025, registered at Police Station – Akaltara, District: Janjgir-Champa (C.G.) for the offence punishable under Sections 331(4), 305(a), 317 of the Bhartiya Nyaya Sanhita, 2023.
The prosecution story brief is that the complainant has lodged a report to the concerned police station, alleging that on the date of incident i.e. on 18.03.2025, that he had locked his house and gone to akaltara Market with his family at around 07:20 pm on 07.03.2025. After returning from the market at around 08:25 pm, he found that the front door of his house was missing. When the entered the house, he found that the items were scattered and three pairs of old gold earrings, one ring, one mangalsutra, three fulli, six pairs of silver toe rings, three rings, a silver coin, a spoon, a bown, a banglem an armlet, a bracelet and cash amounting to Rs. 2,000/- was stolen. Based upon such complaint made by the complainant the police has registered the case against the unknown persons and after the investigation, the police has arrested the present applicant.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the applicant has neither entered in the house nor committed stolen of any article of the complainant’s house, and the prosecution has not collected the sufficient material from the possession of the applicant regarding theft of the said article and he is in jail since 19.07.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant.
On the other hand, learned State Counsel appearing for the State/non-applicant opposes the bail application and submits that after closing the shutter of his jewellery shop, the complainant went to his home at Birkoni, and on the following morning, i.e., 16.07.2025, when he reached the shop, he found that the lock of the shutter was broken and opened from one side. Upon inspection, it was discovered that 60 pieces of gold worth Rs. 60,000/-, a silver ring worth Rs. 30,000/-, and earrings worth Rs. 90,000/- had been stolen by applicant. It is further submitted that the present applicant has four previous criminal antecedents of a similar nature. Hence, considering the applicant’s past conduct and involvement in similar offences, it is argued that he is not entitled to the benefit of bail.
Considering the facts and circumstances of the case, it is evident from the case diary that the applicant/accused broke the lock of the shutter of Sharda Jewellers, Village Bhoring, and committed theft of 60 pieces of gold bangles worth Rs. 60,000/- and a silver chain and ring worth approximately Rs.30,000/-. The memorandum statement of the accused Mangalu further reveals his involvement in several other theft incidents committed in a planned and organized manner along with his associates. The applicant has four previous criminal antecedents of a similar nature and is found to be a habitual offender. Considering the gravity of the offence and the nature of the allegations, this Court is of the view that it is not a fit case to grant regular bail to the applicant.
Therefore, the bail application filed by the applicant/accused – Mangluram Kenwat involved in Crime No. 91 of 2025, registered at Police Station – Akaltara, District: Janjgir-Champa (C.G.) for the offence punishable under Sections 331(4), 305(A) & 317 of the Bhartiya Nyaya Sanhita, 2023, is rejected.
Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.