1 2025:CGHC:26509 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3575 of 2025 Firoj Kesar S/o Laxminarayan Kesar Aged About 32 Years R/o Village Nagoi, Sarkanda, P.S. Sarkanda, District Bilaspur (C.G.) ... Application versus State Of Chhattisgarh Through P.S. Koni, District – Bilaspur (C.G.) ---- Non-applicant For Applicant : Mr. Rajesh Jain, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.06.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 505/2024 registered at Police Station – Koni, District – Bilaspur (C.G.) for the offence punishable under Sections 303(2) of the Bharatiya Nyaya Sanhita (BNS). 2. Case of the prosecution, in brief, is that on 15.11.2024 some unknown persons had stolen Bajaj Motorcycle CT 100 bearing registration No. CG-10-AB-5578 which was stand in front of his house belong to his brother Dhirendra Koushik, when the Motorcycle not found on the place, then they have seen CCTV footage of Dr. Prashant Koushik and seen some unknown persons took to Motorcycle, some unknown persons theft his motorcycle, and on the basis of the FIR the applicant RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 was arrested in the present case. Hence, this application. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the charge-sheet has been submitted in this case. The applicant is in jail since 13.04.2025, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the bail application and submits that from the perusal of the case-diary it transpires that on 15.11.2024 some unknown persons had stolen Bajaj Motorcycle CT 100 bearing registration No. CG-10-AB-5578 which was stand in front of his house belong to his brother Dhirendra Koushik, when the Motorcycle not found on the place, then they have seen CCTV footage of Dr. Prashant Koushik and seen some unknown persons took to Motorcycle, some unknown persons theft his motorcycle, and on the basis of the FIR the applicant was arrested in the present case, further there are 6 criminal antecedents of the applicant and he is a habitual offender. As such, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and also considering the fact that the charge-sheet has been filed in the present case, and from the perusal of the case-diary it transpires that on 15.11.2024 some unknown persons had stolen Bajaj Motorcycle CT 100 bearing registration No. CG-10-AB-5578 which was stand in 3 front of his house belong to his brother Dhirendra Koushik, when the Motorcycle not found on the place, then they have seen CCTV footage of Dr. Prashant Koushik and seen some unknown persons took to Motorcycle, some unknown persons theft his motorcycle, and on the basis of the FIR the applicant was arrested in the present case, further there are 6 criminal antecedents of the applicant and he is a habitual offender and he has misused the bail granted to him earlier and it cannot be a case of false implication, 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 it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, this first bail application of applicant – Firoj Kesar involved in Crime No. 505/2024 registered at Police Station – Koni, District – Bilaspur (C.G.) for the offence punishable under Sections 303(2) of the BNS, is rejected at this stage. 8. Needless to say that the concerned trial Court is at liberty to proceed with the trial and conclude the same, expeditiously. 9. Office 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