1 2025:CGHC:17485 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2929 of 2025 Gourav Bande S/o Cheturam Bande Aged About 20 Years R/o Near Kukri Talab Police Station Gudhiyari District - Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station D.D. Nagar Raipur District - Raipur (C.G.) ... Respondent(s) For Applicant(s) : Ms. Deepanjali Tiwari, Advocate. For Respondent(s) : Mr. Malay Jain, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. 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. 292/2024, registered at Police Station D.D. Nagar Raipur District - Raipur (CG) for the offence AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 punishable under Sections 331(4), 305, 3(5) of the Bharatiya Nyaya Sanhita (for short ‘BNS’). 3. The prosecution story in brief, is that on 04.07.2024 a complaint was lodged by the complainant alleging therein that on 11.06.2024, the complainant had locked his house and went to Jharkhand for some office work. Thereafter, on 01.07.2024, at around 09:00 P.M. his neighbor informed that the lock of the door of his house was broken, thereafter, on 03.07.2024, when complainant came back home, he found that the lock of the door of his house was broken and his motorcycle Honda Horned 2.0 bearing registration No.CG-04-PQ-0528, which was kept in the hall was missing, a document of the said motorcycle was also missing and silver plate worth Rs.90,000/- were stolen by unknown person, thereafter, aforesaid offence has been registered against unknown person, and during the course of investigation, present applicant was arrested. Hence, the bail application. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. She further submit that the applicant is sole bread earner of his family and his pretrial long detention will adversely affect his family members in terms of livelihood. She also submits that no credible witness, who can identify that the applicant was present at the scene of alleged theft or was involved in the act, so far as criminal 3 antecedents of the applicant are concerned, applicant has four criminal antecedents and in all the said four criminal antecedents, applicant is on bail, copies of bail orders are collectively annexed as Annexure A/2. The applicant is in jail since 15.08.2025 and the trial is likely to take some time for its conclusion. Therefore, she prays for grant of bail to the applicant. 5. 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 is alleged to have committed theft in the house of the complainant and had stolen his motorcycle bearing registration No.CG-04-PQ-0528, which was kept in the hall and silver plate worth Rs.90,000/- and there is also seizure of one silver plate and two silver ornaments from present applicant, further applicant has four criminal antecedents, out of which three are of identical nature, as such, he is a habitual offender and his bail application is liable to be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the applicant is alleged to have committed theft in the house of complainant and had stolen his motorcycle bearing registration No.CG-04-PQ-0528, which was kept in the hall and 4 silver plate worth Rs.90,000/-, further there is seizure of one silver plate and two silver ornaments from the present applicant, so far as criminal antecedents of the applicant are concerned, applicant has four criminal antecedents, out of which, three are of identical nature, though he has been granted bail in all the said four cases, but he is a habitual offender, 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. 8. Accordingly, the bail application of applicant-Gourav Bande, involved in Crime No. 292/2024, registered at Police Station D.D. Nagar Raipur District - Raipur (CG) for the offence punishable under Sections 331(4), 305, 3(5) of BNS, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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