ASHOK SONI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the first bail application filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to the applicant who has been arrested in connection with Crime No.669/2024 registered at Police Station Tikapara, District Raipur (C.G) for the offence punishable under Ss. 331 (4), 305 (A), 317(4) of Bhartiya Nyaya Sanhita (as per charge sheet).

(2.) Case of the prosecution, in brief, is that on 28/8/2024 at around 06:00 AM, the complainant was informed by his neighbor, namely Tomesh Dewangan, that the main gate of the complainant's house was found open. Upon the complainant's request, the said neighbor checked the premises and reported that the main door was also open, the door lock had been broken, and household items were found in a disturbed condition. Thereafter, the complainant returned home at around 07:15 PM the same day and, upon inspection, noticed that a silver idol valued at ?25,000/- and cash amounting to ?3,000/-, totaling ?28,000/-, had been stolen. It is alleged that an unknown person committed theft by unlawfully entering the premises after breaking the locks. That, in connection with Crime No. 669/2024, the police arrested two individuals, namely Mayank Soni and Hritik Verma, who, during interrogation, confessed to having committed the theft. They further disclosed that the stolen items, including certain jewellery, had been sold to the present applicant. Based on this disclosure, the applicant was taken into custody by the police, and upon search, the stolen articles were recovered and seized.

(3.) Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that so far criminal antecedent of the applicant is concerned, besides this case, the applicant is having five more cases pending against him. He would submit that in this case there is no recovery from the applicant. He would submit that the applicant is in jail since 07/04/2025, charge sheet has been filed and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant.