1 2025:CGHC:29963 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3799 of 2025 Gajendra Sahu @ Pappu Sahu S/o Sukhdev Sahu Aged About 23 Years R/o Mathpara, Urkura, P.S. - Khamtarai, District - Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station - Gudhiyari, District - Raipur (C.G.) ... Respondent For Applicant : Shri Rekhraj Baghel, Advocate. For Respondent/State : Shri Sangarsh Pandey, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/07/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.562/2024 registered at Police Station Gudhiyari District Raipur (C. G.) for the offence punishable under Sections 331 (4), 305(1), 303(2), 3(5), 324(2), 238(b) of Bhartiya Nyay Sanhita. 2. Case of the prosecution, in brief, is that the complainant has GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.07 11:45:37 +0530 2 lodged a report to the concerned police Station, alleging that on the date of incident, the unknown persons have entered in his house by breaking lock and committed theft of golden, silver and cash amount of Rs. 75,000/-from his house and on the basis of complaint made by the complainant, the police has registered the case under section 331 (4), 305(1), 303(2), 3(5), 324(2), 238(b) of Bhartiya Nyay Sanhita against the unknown persons and after the investigation, the police has arrested the present applicant on the memorandum statement. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the applicant has neither entered in the house nor committed theft of any article of the complainant's house. He would further submit that the police has not seized any said article from the applicant and he has not committed theft of the seized article and only on the basis of memorandum of statement, the applicant has been implicated. He would submit that the applicant is in jail since 6/09/2024, charge sheet has been filed and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. Learned counsel for the State/non-applicant would oppose the bail application. He would submit that charge sheet has been filed in this case. He would further submit that the applicant has twelve previous criminal antecedents, out of which, ten cases are under the IPC, one case under the Arms Act and one case under the 3 Excise Act. He would submit that despite of the time granted to the applicant to explain the criminal antecedents, he has not explained the same. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, particularly considering the fact that the applicant has twelve previous criminal antecedents and despite of the time granted to the applicant to explain the criminal antecedents, he has not explained the same, applicant is a habitual offender, further he has misused the bail granted to him earlier, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant Gajendra Sahu @ Pappu Sahu involved in Crime No.562/2024 registered at Police Station Gudhiyari District Raipur (C. G.) for the offence punishable under Sections 331 (4), 305(1), 303(2), 3(5), 324(2), 238(b) of Bhartiya Nyay Sanhita, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri