1 2025:CGHC:17670 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2963 of 2025 1 - Kamruddin S/o Samshuddin Hussain Aged About 28 Years Caste Musalman, R/o Village Kantabahal, P.S. Talsara, District Sundergarh (Odisha) 2 - Kareem Hussain S/o Kitabul Hussain Aged About 25 Years Caste Musalman, R/o Village Kantabahal, P.S. Talsara, District Sundergarh (Odisha) ... Applicants versus State of Chhattisgarh Through Station House OfÏcer Police Station Kunkuri, District – Jashpur (C.G.) …. Non-applicant For Applicant : Mr. Arham Siddhiqui, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 17.04.2025 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. 128/2024 registered at Police Station – Kunkuri, District – Jashpur (C.G.) for the offence punishable under Sections 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 3. Case of the prosecution, in brief, is that the complainant Anup Kumar Jindal laodged a written report that in the intervening night between 29.08.2024 and 30.08.2024, some unknown persons has stolen the tyre and its disk, amounting to Rs. 10,000/- from the back side of his vehicle Mahindra XUV 500, bearing No. CG-04-HM-2655, on the basis of the said information the crime was registered and the applicants were arrested by the Police. Hence, this application. 4. Learned counsel appearing for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is submitted that the applicants are in jail since 07.02.2025, 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 6 criminal antecedents of the applicants which are still pending. It is further submitted that the complainant Anup Kumar Jindal laodged a written report that in the intervening night between 29.08.2024 and 30.08.2024, some unknown persons has stolen the tyre and its disk, amounting to Rs. 10,000/- from the back side of his vehicle Mahindra XUV 500, bearing No. CG-04-HM-2655, on the basis of the said information the crime was registered and the applicants were arrested by the Police, further the fact that the bail application of the co-accused has already been rejected by this Court vide order dated 11.04.2025 passed in MCRC No. 2852/2025. As such, the bail application deserves to be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 3 7. Taking into consideration the facts and circumstances of the case and also considering the fact that the complainant Anup Kumar Jindal laodged a written report that in the intervening night between 29.08.2024 and 30.08.2024, some unknown persons has stolen the tyre and its disk, amounting to Rs. 10,000/- from the back side of his vehicle Mahindra XUV 500, bearing No. CG-04-HM-2655, on the basis of the said information the crime was registered and the applicants were arrested by the Police, further the fact that the bail application of the co-accused has already been rejected by this Court vide order dated 11.04.2025 passed in MCRC No. 2852/2025, there are a total of 6 criminal antecedents of the applicants which are still pending, they are habitual offenders, and they have misused the bail granted to him earlier, and from the possession of the applicant 10.98 bulk liters of liquor has been seized, 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 – Kamruddin and Kareem Hussain involved in Crime No. 128/2024 registered at Police Station – Kunkuri, District – Jashpur (C.G.) for the offence punishable under Sections 303(2) 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. 4 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