Order on Board

09.01.2025

1. The applicant has preferred this First Bail Application under Section Digitally signed by ABHISHEK ABHISHEK SHRIVAS 483 of the BNSS in connection with Crime No. 335/2024, registered at SHRIVAS Date:

2025.01.10

20:16:24 +0530 Police Station Sitapur, District Sarguja (C.G.) for the offence punishable under Sections 305(A) & 331(4) of the BNS.

2. The prosecution story in brief, is that, the complainant had gone another village Saraipara to attend the marriage by locking the door and when they returned his home at about 11.30 PM (in the night), they found that the lock was broken and door was also opened. The allegation against the present applicant and other co-accused person is that they broke the lock of house of complainant and stole the golden, silver and other house hold article amounting to Rs. 12,00,000/- and cash amounting to Rs.3,00,000/-, therefore the police has registered the crime and filed the charge sheet before the concerned Court.

3. It has been 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 applicant have neither committed nor participated in any such act, which may amount to any of the offences, mentioned above. Besides the above, the evidence collected by the prosecution are also no prima facie sufÏcient to hold the applicant guilty of the aforesaid offences. The FIR has been registered against the unknown person and the present applicant has been arrested only on the basis of suspicious. The police has registered the offence against the present applicant on the basis of suspicious and he has been falsely implicated by the police. The present applicant is the student of B.Sc.-II and young youth of 20 years and is languishing in jail since 22.11.2024 and though the charge-sheet has been filed, the conclusion of the trial is likely to take some time hence, he prays for grant of bail.

4. On the other hand, the learned counsel for the State opposes the bail application and submits that from the applicant along with co -accused persons, stolen gold, silver and cash from the house of the complainant amounting to Rs.15,00,000/- from the possession of the present applicant, Rs.3,00,000/- has been recovered. Hence, the bail application of the applicant is liable to be rejected.

5. I have heard learned counsel for the parties and perused the material available on record.

6. From perusal of the case diary, it transpires that the accused along with other co-accused persons stole gold and silver jewelry and cash from the house of the complainant amounting to Rs.15,00,000/- and further from the possession of the present applicant, Rs.3,00,000/- has been recovered for which, no satisfactory explanation has been rendered, in view of the same, at this stage, prima facie involvement of the present applicant in the crime alleged is shown, hence it does not appear to be proper case to grant benefit of bail to the applicant.

7. Therefore, the bail application filed by the applicant/accused – Ayush Sahu involved in Crime No.335/2024, registered at Police Station Sitapur, District Sarguja (C.G.) for the offence punishable under Sections 305(A) & 331(4) of the BNS, 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. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.