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2025 DAILYLAW 11191 (CHH)

ANUP SINGH v. STATE OF CHHATTISGARH

MCRC/1824/2025 · 2025-03-06

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Judgment text

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1 2025:CGHC:11221 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1824 of 2025 Anup Singh S/o Bhrigunarayan Singh Aged About 36 Years R/o L.I.G. 4/c Sector Shahpura, P.S. - Shahpura, District Bhopal Madhya Pradesh ... Applicant(s) versus State Of Chhattisgarh Through SHO, PS - Supela Distt. - Durg Chhattisgarh ... Non-Applicant(s) For Applicant(s) : Mr. Pranav Tiwari, Advocate. For Non-Applicant(s) : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 417/2024, registered at Police Station Supela Distt. - Durg (CG) for the offence punishable under Sections 454, 380 r/w 34 of the Indian Penal Code (IPC). 2. The prosecution story in brief, is that on April 6, 2024, at around 1:15 pm, the complainant received a phone call from their domestic worker, Shelia, stating that the main gate of their house AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 was found unlocked. When the complainant returned home with their family on April 8, 2024, they discovered the main gate lock was broken, the bedroom door's latch was damaged, a pair of used silver anklets (worth approximately Rs.8,000/-) was stolen from the almirah. A case was registered against unknown persons under Sections 454 and 380 of the Indian Penal Code (IPC) for housebreaking and theft. During course of investigation present applicant has been arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that the applicant is not named in the FIR, he has been arrested only on the basis of mere suspicion. He also submits that applicant is aged about 35 years, a member of very ordinary family, the learned trial Court has stretched its imagination for rejecting the bail of the present applicant to a great extent not permissible under the law. The applicant is in jail since 03.05.2024 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant has 21 criminal antecedents from 2015 to 2024, out of which, 7 cases are of identical nature, as such, he is a habitual offender and his bail application is liable to be rejected. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that applicant alongwith other co-accused persons were alleged to have committed house trespass, house breaking and have also stolen silver ornaments worth Rs.8,000/- from the house of complainant, so far as the criminal antecedents of the applicant is concerned, applicant has 21 criminal antecedents starting from year 2015 to 2024, out of which, 7 cases are of identical nature, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of applicant-Anup Singh, involved in Crime No. 417/2024, registered at Police Station Supela Distt. - Durg (CG) for the offence punishable under Sections 454, 380 r/w 34 of IPC, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil