1 2025:CGHC:18598 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3132 of 2025 Sagar Patre S/o Rajendra Pate Aged About 19 Years R/o Village Vicharpur, Thana Lalpur, District Mungeli, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through P.S. Kunda, District Kabirdham, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. J.K. Gupta, Advocate For Respondent(s) : Ms. Subha Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.04.2025 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS in connection with Crime No.143/2024, registered at Police Station Kunda, District Kabirdham (C.G.) for the offence punishable under Sections 331(4), 305(A), 3(5) of the BNS. 2. The prosecution story in brief, is that, the complaint against the unknown person was lodged by the complainant under sections AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 331(4), 305(A), 3(5) of BNS that some unknown thief has stolen Rs. 40,000/- cash kept in the Godrej locker, 02 pieces of 24 tola silver leggings worth Rs. 16800/- and 03 pieces of gold leaf two mashas worth Rs. 1200/-, total worth Rs. 68,800/-. During investigation, police arrested the applicant and other co-accused. 3. It has been argued by learned counsel for the applicant that neither name of the applicant is mentioned in FIR nor any thing was seized from the present applicant. The applicant has been falsely implicated in the case during the investigation and the applicant is not involved in the present crime. Before going to jail, the applicant got a wire fitted in his teeth by Dr Pradeep Kaushik at Makkad Complex, Takhatpur which is currently causing unbearable pain due to which he is facing great difficulty in eating food. The applicant/accused can be saved from cancer in his mouth by getting treatment done outside. Lastly, the applicant is languishing in jail since 07.08.2024, and though the charge-sheet has been filed, the conclusion of the trial is likely to take some time, hence he prays for grant of bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that from the possession of the present applicant, cash amounting to Rs.4000/- and silver jewelry has been recovered, which itself shows the involvement of the present applicant in the crime in question and so far as criminal antecedents of the applicant is concerned, the applicant has two pervious criminal antecedents for similar nature of offence 3 registered against him, which itself shows that the applicant is a habitual offender, hence his bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the fact that from the possession of the applicant, cash amounting to Rs.4000/- and silver jewelry has been recovered, which shows the involvement of the present applicant in the crime in question and further, the applicant is having 02 criminal antecedents of identical nature, which shows that applicant is a habitual offender and he has misused the bail granted to him earlier and also in light of the judgment rendered by the Hon’ble 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, though the charge- sheet has been filed and applicant is languishing in jail since 07.08.2024, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Therefore, the bail application filed by the applicant/accused – Sagar Patre involved in Crime No.143/2024, registered at Police Station Kunda, District Kabirdham (C.G.) for the offence punishable under Sections 331(4), 305(A), 3(5) of the BNS, is rejected at this stage. 8. Needless to say that the trial Court concerned, is at liberty to 4 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Akhil