Bhangu Dawar S/o Kaloo Dawar Aged About 25 Years R/o Narwali, Police Station Tanda v. State Of Chhattisgarh Through The Police Station DM, District Durg Chhattisgarh. --- Non
Case Details
1 2025:CGHC:30653 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4669 of 2025 Bhangu Dawar S/o Kaloo Dawar Aged About 25 Years R/o Narwali, Police Station Tanda, District Dhar (M.P.) --- Applicant versus State Of Chhattisgarh Through The Police Station DM, District Durg Chhattisgarh. --- Non-Applicant MCRC No. 4692 of 2025 Bhangu Dawar S/o Kaloo Dawar Aged About 25 Years R/o Narwali, Police Station - Tanda, District - Dhar (M.P.) ---Applicant PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.05 13:19:27 +0530 Versus State Of Chhattisgarh Through - The Police Station - Bhilai Nagar, District - Durg, Chhattisgarh --- Non-Applicant For Applicant
Legal Reasoning
: Mr. Virendra Kashyap, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/07/2025 2 1. Since the above-mentioned two bail applications arise out of same applicant, they are clubbed and heard together and are being disposed of by this common order. 2. 3. Earlier bail application of the applicant was rejected on 26.03.2025 by this Court passed in MCRC No. 2397/2025 and 2404/2025. These are the second bail applications filed under Section 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. 272/2024 (in MCRC No. 4669/2024) and Crime No. 273/2024 (in MCRC No. 4692/2025) registered at Police Station Bhilai Nagar, District - Durg (C.G.) for the offence punishable under Sections 457, 380, 411, 414 and 34 of the Indian Penal Code, 1860. 4. In MCRC No. 4669/2025 - The prosecution's case is based on an FIR lodged by the complainant on 17.06.2024, alleging that on 14.0.2024, he had left for Hyderabad with his family. Upon returning on 17.06.2024, he found his house burgled, with stolen gold and silver jewelry worth approximately Rs. 24 lakh. The applicant was arrested for the alleged offenses under Sections 457 (house-breaking by night) and 380 (theft in dwelling house) of the Indian Penal Code, 1860. 5. In MCRC No. 4692/2025 - The complainant lodged an FIR on 18.06.2024, stating that he and his family were away in West Bengal from 15.06.2024. On 17.06.2024, he received a call from colleagues informing him that his house door was open, suggesting a theft. Upon returning home, he found the main door broken and items scattered. Stolen items included gold jewelry (necklace, nose ring, earrings, pendant, rings, and bangles) weighing about 150 grams, silver bangles 3 weighing about 150 grams, and a gold-colored watch, totaling approximately E12,00,000. The applicant was arrested on 28.11.2024 for alleged offenses under Sections 457 (house-breaking by night), 380 (theft in dwelling house), 411 (dishonestly receiving stolen property), 414 (assisting in concealment of stolen property), and 34 (common intention) of the IPC, and is now seeking bail. 6. Learned counsel for the applicants submits that the applicant is innocent and has been falsely implicated in the case. He further submitted that these are the second bail applications of the applicant, earlier bail application of the applicant was rejected on 26.03.2025 by this Court passed in MCRC No. 2397/2025 and 2404/2025. He further submits that in the present case, no seizure has been made from the applicant whereas in Case Crime No. 279/2024 which was registered for offences under Sections 395 and 411of IPC, the applicant has already been granted bail by the trial Court on 30.01.2025, copy of the order has been annexed with the covering memo in this bail application. The charge- sheet has been filed and he is in jail since 28.10.2024. Thus, looking to the above, it is prayed that the applicant may be enlarged on bail. 7. On the other hand, learned State counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed. 8. 9. I have heard learned counsel appearing for the parties and perused the document available on record. Considering the facts and circumstances of the case, nature and gravity of the offence, allegations levelled against the applicant and the fact that these are the second bail applications of the applicant, earlier bail application of the applicant was rejected on 26.03.2025 by this Court 4 passed in MCRC No. 2397/2025 and 2404/2025, further, in the present case, no seizure has been made from the applicant whereas in Case Crime No. 279/2024 which was registered for offences under Sections 395 and 411of IPC, the applicant has already been granted bail by the trial Court on 30.01.2025, copy of the order has been annexed with the covering memo in this bail application and he is in jail since 28.10.2024 and further the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 10. Accordingly, the second bail application is allowed. Let the Applicant - Bhangu Dawar involved in Crime No. 272/2024 (in MCRC No. 4669/2024) and Crime No. 273/2024 (in MCRC No. 4692/2025) registered at Police Station Bhilai Nagar, District - Durg (C.G.) for the offence punishable under Sections 457, 380, 411, 414 and 34 of the Indian Penal Code, 1860, be released on bail on his furnishing a personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 5 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 11. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. - Preeti Sd/- (Ramesh Sinha) CHIEF JUSTICE