1 2025:CGHC:37376 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4266 of 2025 1 - Shankar Soni S/o Late Bhagwat Soni Aged About 23 Years R/o Near Meena Fancy Stores Premnagar P.S. Gudhiyari, Tahsil And District Raipur Chhattisgarh 2 - Sanju Dhruw @ Maujar S/o Shankar Lal Dhruw Aged About 22 Years R/o Near Goura Chaura, Prem Nagar, Gudhiyari, P.S. Gudhiyari, Tahsil And District Raipur Chhattisgarh ... Applicants versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Gudhiyari, Raipur, District Raipur Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. C.R. Sahu, Advocate For Respondent/State : Ms. Monika Thakur, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/07/2025 1. This is 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. 222/2025 registered at Police Station – Gudhiyari, District – Raipur (C.G.) for the offence punishable under Sections 296, 333, 115(2), 331(6), 351(2), 324(6) and 3(5) of the BNS. 2. As per prosecution story in briefly is that the complainant has lodged 2 report to the concerned police station with intend that there was some previous dispute in between main accused Rekha Agrawal and complainant Nandu Kanwar with regard to subject water and on date of incident i.e. 23.04.2025 at about 00.15 O'clock as per direction of the main accused Rekha Agrawal, the other accused persons have entered into house of the complainant and damaged the motorcycle by bricks, stone and lathi, due to this injured person was received simple injuries. Based upon the such report, the concerned police station has registered offence publishable under section 296, 333, 115(2), 331(6), 351(2), 324(6), 3(5) of the B.N.S. against the applicants and other accused persons. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He further submits that there was dispute in between applicants and complainant regarding water and the present applicants have neither entered into the house of the complainant nor committed any offence as alleged by the prosecution against them. He further submits that there is 20 criminal antecedents against the applicant No.1, out of which 14 cases are pending and applicant No.2 is having 10 criminal antecedents, out of which 9 cases are pending for its conclusion. The present applicants are in jail since 23.04.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel, opposes the bail application and submits that there is 20 criminal antecedents against the applicant No.1, out of which 14 cases are pending and applicant No.2 is having 10 criminal antecedents, out of which 9 cases are pending for its conclusion, applicants are habitual offender therefore, 3 instant bail application filed by the present applicants are liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature and gravity of the offence and the material available on record, looking to the fact that applicant No.1, is having 20 criminal antecedents, out of which 14 cases are pending and applicant No.2 is having 10 criminal antecedents, out of which 9 cases are pending for its conclusion, applicants are habitual offender and they remained in jail since 23.04.2025, 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 applicants on regular bail. 7. Accordingly, this bail application of applicants – Shankar Soni and Sanju Dhruw @ Maujar involved in Crime No. 222/2025 registered at Police Station – Gudhiyari, District – Raipur (C.G.) for the offence punishable under Sections 296, 333, 115(2), 331(6), 351(2), 324(6) and 3(5) of the BNS, is rejected at this stage. 8. 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 vaishali