1 2025:CGHC:17908 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2982 of 2025 Ashish Bande S/o Cheturam Bande Aged About 25 Years R/o Near Kukri Talab, Police Station - Gudhiyari, District - Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through - Police Station - D.D. Nagar, District – Raipur (C.G.) …. Non-applicant For Applicant : Ms. Deepanjali Tiwari, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 21.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants arrested in connection with Crime No. 292/2024 registered at Police Station – D.D. Nagar, District – Raipur (C.G.) for the offence punishable under Sections 331(4), 305 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 3. Case of the prosecution, in brief, is that on 04.07.2024 complaint was RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 lodged by the complainant that on 11.06.2024, the complainant had locked his house and went to Jharkhand for ofÏce work, on 01.07.2024, his neighbor informed that the lock of the door of his house was broken, on 03.07.2024 when complainant came back home, he saw that the lock of the door of his house was broken and his Motorcycle Honda Hornet 2.0 number CG-04-PQ-0528 with engine No. MC-56-EA-2003544, Chassis No. ME-4-MC567-JPA- 003127, model 2023, blue colour, kept in the hall was missing other than that a documents of the motorcycle and a silver plate worth about Rs.90,000/- Stolen by some unknown thief, based on the above Complaint of the complainant, a case was registered and during the course of investigation other antecedents of the applicant were come to knowledge of the investigating ofÏcer and the applicant was arrested. Hence, this application. 4. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant is in jail since 10.10.2024, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 5. On the other hand, learned State counsel, opposes the bail application and submits that there are a total of 7 criminal antecedents of the applicant. It is further submitted that on 04.07.2024 complaint was lodged by the complainant that on 11.06.2024, the complainant had locked his house and went to Jharkhand for ofÏce work, on 01.07.2024, his neighbor informed that the lock of the door of his house was broken, on 03.07.2024 when complainant came back home, he saw that the lock of the door of his house was broken and 3 his Motorcycle Honda Hornet 2.0 number CG-04-PQ-0528 with engine No. MC-56-EA-2003544, Chassis No. ME-4-MC567-JPA- 003127, model 2023, blue colour, kept in the hall was missing other than that a documents of the motorcycle and a silver plate worth about Rs.90,000/- Stolen by some unknown thief, based on the above Complaint of the complainant, a case was registered and during the course of investigation other antecedents of the applicant were come to knowledge of the investigating ofÏcer and the applicant was arrested, further the fact that the bail application of the co-accused has already been rejected by this Court vide order dated 16.04.2025 passed in MCRC No. 2929/2025. As such, the bail application deserves to be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case and also considering the fact that on 04.07.2024 complaint was lodged by the complainant that on 11.06.2024, the complainant had locked his house and went to Jharkhand for ofÏce work, on 01.07.2024, his neighbor informed that the lock of the door of his house was broken, on 03.07.2024 when complainant came back home, he saw that the lock of the door of his house was broken and his Motorcycle Honda Hornet 2.0 number CG-04-PQ-0528 with engine No. MC-56-EA- 2003544, Chassis No. ME-4-MC567-JPA-003127, model 2023, blue colour, kept in the hall was missing other than that a documents of the motorcycle and a silver plate worth about Rs.90,000/- Stolen by some unknown thief, based on the above Complaint of the complainant, a case was registered and during the course of investigation other 4 antecedents of the applicant were come to knowledge of the investigating ofÏcer and the applicant was arrested, further the fact that the bail application of the co-accused has already been rejected by this Court vide order dated 16.04.2025 passed in MCRC No. 2929/2025, there are a total of 7 criminal antecedents of the applicants, he is a habitual offender, and he has misused the bail granted to him earlier, and also in light of the judgment rendered by the Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, this Court is of the opinion that is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, this bail application of applicants – Ashish Bande involved in Crime No. 292/2024 registered at Police Station – D.D. Nagar, District – Raipur (C.G.) for the offence punishable under Sections 331(4), 305 and 3(5) of the BNS, is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar