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2024:CGHC:38606
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 6752 of 2024
Bahadur Chowkidar S/o Prahlad, Aged About 33 Years, R/o Village
Kuliyana, P.S. Pilwa, District- Didwana, Rajasthan
... Applicant
versus
State of Chhattisgarh Through Thana In-Charge, P.S. Tarbahar, District-
Bilaspur, Chhattisgarh
... Non-Applicant
For Applicant : Mr. Rajendra Tripathi, Advocate.
For Non-Applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate.
Hon’ble Shri Ramesh Sinha, Chief Justice
Order on Board
30/09/2024
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.184/2024,
registered at Police Station – Tarbahar, District – Bilaspur (C.G.) for the
offence punishable under Sections 331(4), 305(a) of Bharatiya Nyaya
Sanhita, 2023.
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2 The case of the prosecution, in brief, is that on 21.07.2024, the
complainant, namely, Virendra Kumar Suryawanshi has lodged the
report that he is working as District In-Charge in Transaction Solution
International Private Ltd. And his company do work of taking care and
maintenance of SBI ATM of Bilaspur. He received information from call
center that money is not withdrawing from some of the ATM when he
checked the CCTV one unknown person inserting strip by opening the
shutter Box. For the above reason, complainant had lodged the F.I.R. in
Police Station.
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
submitted that the total amount has been seized of Rs. 33,000/- which
was withdrawn by the applicant from his own ATM Card. He further
submitted that the charge-sheet has not been filed in this case and the
applicant is in jail since 21.07.2024 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 not been filed in the
present case. He further submitted that the applicant is resident of
Rajasthan and in the State of Rajasthan including Maharashtra 13 cases
has been registered against him for the similar offence of ATM theft and
for which the learned counsel for applicant could not dispute the same
said fact. Therefore, he 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
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that the applicant is resident of Rajasthan and in the State of Rajasthan
including Maharashtra 13 cases has been registered against him for the
similar offence of ATM theft, and further, the charge-sheet has been filed
and he is in jail since 21.07.2024, he is a habitual offender, I am not
inclined to allow this application.
7 Accordingly, the bail application of the applicant - Bahadur Chowkidar
involved in Crime No.184/2024, registered at Police Station – Tarbahar,
District – Bilaspur (C.G.) for the offence punishable under Sections
331(4), 305(a) 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)