2024:CGHC:29579 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5565 of 2024

1. Surjeet Singh, S/o. Amarjeet Singh Aged About 35 Years R/o. Village Bhorchi, In Rajput Sachcha Sarpanchs Street Tehsil Baba Bakal, Ps Khilchaia, District Amritsar, Punjab, Current Address- Kohka Old Colony, Near Bhelwa Pond, Rented House Near Peepal Tree, District Durg (C.G.)

2. Gurpreet Singh, S/o. Amarjeet Singh Aged About 36 Years R/o. Village Bhorchi, In Rajput Sachcha Sarpanchs Street Tehsil Baba Bakal, Ps Khilchaia, District Amritsar, Punjab ... Applicants versus

1. State Of Chhattisgarh Through Station House Officer, Vaishali Nagar, Durg (C.G.)

... Respondents For Applicants : Mr. Aman Pandey, Advocate For Respondent : Mr. Neeraj Kumar Sharma, Dy. A.G.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

07.08.2024

1. This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 92 of 2024 registered at Police Station Vaishali Nagar, Durg (C.G.), for the offence punishable under Sections 454, 380, 411, 414, 201 and 34 of the Indian Penal Code, 1860.

2. Case of the prosecution, in brief, is that the applicant called other co-accused persons to his place and showed empty houses to them on 22.04.2024 and dropped them for stealing at the house. It is alleged that the co-accused persons have committed the offence and gave all the valuables to the Applicant and had distributed cash amongst themselves. It is submitted that as per the FIR only 3 persons have committed the offence who had covered their face with the mask however, the Applicant is being implicated as a person who dropped the co-accused persons at the scene of crime. It is submitted that on the basis of the aforesaid and alleged seizure of articles and FIR was registered against unknown persons and on the basis of the memorandum of the co- accused person, the Applicant was implicated in the commission of the present offence. Applicant No.2 is implicated on the ground that the Applicant No.1 had sold some of the articles to the Applicant No.2. It is submitted that the applicants were arrested for Crime No. 91 of 2024 and have been falsely roped in the commission of the present offence.

3. Learned counsel for the applicants would submit that the applicants have been falsely implicated in this case and applicant No.1 is in jail since 15.05.2024 and applicant No.2 is in jail since 07.07.2024. She would further submits that the applicants have been arrested solely on the basis of the memorandum of the co-accused person and therefore the alleged seizure is not in accordance with law. It is submitted that the applicants had purchased the alleged items from the main co-accused persons as they were unaware that the articles were proceeds of crime and therefore they have falsely been implicated in the present offence. He lastly submits that whole case of the prosecution is based on the memorandum of the co-accused person and the Hon'ble Supreme Court in the case of Surinder Kumar Khanna v. Intelligence Officer (2018) 8 SCC 271, has categorically held that confession/memorandum of the one accused person cannot be the basis for implicating the other accused.

Accordingly, he prays for enlarging the applicants on regular bail.

4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicants and submits that the applicants are resident of Amritsar, Punjab and they along with other co-accused persons, stole various articles from the house of the complainant. Later, from applicant No.1, namely, Surjeet Singh, gold ornaments have been seized and so far as applicant No.2, namely, Gurpreet Singh is concerned, as per the memorandum statement of the co- accused, he used to sell and dispose of the property stolen by co- accused Surjeet Singh and others and have received Rs.1,00,000/- from the same and as such, he is said to have participated in the organized crime c