1 2025:CGHC:30570 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4640 of 2025 Ranu Patel @ Ranu Marar S/o Ram Kumar Aged About 19 Years R/o Ghughari Road Atal Awas, Kawardha, Police Station Kawardha, District Kabirdham (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Kawardha, District – Kabirdham (C.G.) ---- Non-applicant For Applicant : Ms. Lata Nayak, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.07.2025 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. 531/2024 registered at Police Station – Kawardha, District – Kabirdham (C.G.) for the offence punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. Case of the prosecution, in brief, is that allegation of the crime is complainant brother on 01.08.2024, went to the District Hospital Kawardha with motorcycle bearing registration No. CG-09-JH-9442, RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 where some unknown person stole the motorcycle from outside the hospital, whose whereabouts he was trying to trace at his own level, then on 15.08.2024 it was found out that his motorcycle was stolen by the accused/applicant. 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 17.08.2024, 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 there are 5 criminal antecedents of the applicant which are stated to be pending, and the charge-sheet has been filed in the present case. It is further submitted that recovery of a motorcycle has also been made from the possession of applicant. 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, the charge-sheet has been filed in the present case, and from the perusal of the case-diary it transpires that in compliance of the order dated 19.06.2025, a report has been received by the learned trial Court by which it has been stated that as on date the trial is in progress and evidence of 3 witnesses are remaining to be recorded, and recovery of a motorcycle has also been made from the possession of applicant 3 for which no any plausible explanation has been given by the learned counsel for the applicant, further there are a total of 5 criminal antecedents registered against the applicant which are stated to be still pending, the applicant happens to be 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 it is not a fit case to enlarge the applicant on regular bail. Thus, 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 – Ranu Patel @ Ranu Marar involved in Crime No. 531/2024 registered at Police Station – Kawardha, District – Kabirdham (C.G.) for the offence punishable under Section 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