1 2025:CGHC:11425 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1882 of 2025 Santosh Kumar Rathore S/o Late Rajkumar Rathore Aged About 34 Years R/o Maal Godam Road F.C.I. Basti Ward No. - 9 Rourkela, Police Station Udit Nagar, District Sudergarh. (Orisha). Mo. No. 8109406571 ... Applicant(s) versus State Of Chhattisgarh Through The Police Station Bhatapara, Shahar District Baloda-Bazar, (C.G.) ... Respondent(s) For Applicant(s) : Mr. Basant Kaiwartya, Advocate. For Respondent(s) : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.03.2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 91/2024 registered at Police Station Bhatapara, Shahar District Baloda-Bazar (C.G.) for the offence punishable under Section 457 and 380 of the IPC. 2. Case of the prosecution, in brief, is that the complainant made a complaint to the Police Station- Bhatapara Shahar with the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 intention that due to his deteriorating health. He had gone to Bilaspur with his wife for his treatment. When both of them returned home at around 07 o'clock on 05.05.2024, they saw that the lock on the door was broken. The cupboard inside was open and the locker was also broken. The stuff was scattered here and there, when he came home after the treatment, he found that gold and silver jeweler worth Rs 1,40,000 and cash worth Rs 60,000, totaling Rs 2,00,000, kept in the cupboard, were stolen by an unknown thief. On the basis of the above a crime was registered against unknown person as Crime No.241/2024 under Sections 457 and 380. On the said complaint, the police has registered the crime and arrested the applicant. Hence, the second bail application. 3. Learned counsel for the applicant submits that the first bail application was rejected by this Court on merits vide order dated 19.07.2024, while rejecting the first bail application of the applicant, the Hon’ble Court has directed to conclude the trial expeditiously within a period of six months, which has already been expired, further charge-sheet has already been filed in the present case, the applicant is in jail since 14.05.2024 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant has four criminal antecedents of the years 2012, 2014 and 2018 in the State of 3 Odisha and some cases of identical nature in district Balodabazar, which shows that the applicant is a habitual offender, as such, the bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 19.07.2024 in MCRC No. 4393 of 2024 on the ground that the applicant has four criminal antecedents of the years 2012, 2014 and 2018 in the State of Odisha, as well as some cases of identical nature in district Balodabazar, as such, applicant is a habitual offender, further there appears to be no new ground. 7. Accordingly, the second bail application of the applicant- Santosh Kumar Rathore, involved in Crime No. 91/2024 registered at Police Station Bhatapara, Shahar District Baloda-Bazar (C.G.) for the offence punishable under Section 457 and 380 of the IPC, 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. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil